Rule 406 Habit; Routine Practice

When someone always does something the same way, that pattern of behavior can be used as evidence in court. For example, if a person always looks both ways before crossing a street, or a business always sends confirmation emails after receiving an order, those habits can be brought up to show they probably did the same thing in the situation being argued about.

This kind of evidence is allowed even if no one saw the specific act happen and even if there is no other evidence backing it up. The habit or routine alone can be enough for a judge to let it in.