Helpful Hints
- (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
- (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
- (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.
Rule 406 provides: 'Evidence of the habit of a person . . ., whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person . . . on a particular occasion was in conformity with the habit. . . .' The limitations on the methods of proving character set out in Rule 405 do not apply to proof of habit. Testimony concerning prior specific incidents is allowed. See McCormick § 195, at 577.
'Habit' as 'a regular practice of meeting a particular kind of situation with a certain type of conduct, or a reflex behavior in a specific set of circumstances.' Frase v. Henry, 444 F.2d 1228, 1232 (10th Cir. 1971) (defining 'habit' under Kansas law). The advisory committee notes to Rule 406 state that, 'while adequacy of sampling and uniformity of response are key factors, precise standards for measuring their sufficiency for evidence purposes cannot be formulated.' Fed. R. Evid. 406 advisory committee note.
Rule 406 allows certain evidence which would otherwise be inadmissible if it rises to the level of habit. Habit refers to the type of nonvolitional activity that occurs with invariable ...
