Habit; Routine Practice

West Virginia Rules of Evidence

Rule: 406.

Jurisdiction: WV

Bluebook Citation: W.Va. R. Evid. 406.

Evidence of a person's habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness. COMMENT ON RULE 406 Rule 406 adopts the language of the federal rule in its entirety to make it more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.

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