Montana Rules of Evidence R. 406
Rule 406. Habit; routine practice.
Terms Used In Montana Rules of Evidence R
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a)Habit and routine practice defined. A habit is a person‘s regular response to a repeated specific situation. A routine practice is a regular course of conduct of a group of persons or an organization.
(b)Admissibility. Evidence of habit or of routine practice, whether corroborated or not, and regardless of the presence of eyewitnesses, is relevant to prove that conduct on a particular occasion was in conformity with the habit or routine practice.
(c)Method of proof. Habit or routine practice may be proved by testimony in the form of an opinion or by specific instances of conduct sufficient in number to warrant a finding that the habit existed or that the practice was routine.