Me. R. Evid. 406

As amended through February 27, 2023

Rule 406 - Habit; Routine Practice

(a) Admissibility. 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.

(b) Method of proof. Habit or routine practice may be proved by proof of a sufficient number of instances of conduct to support a finding that the habit existed or that the practice was routine.

Me. R. Evid. 406

Adopted effective 1/1/2015.

Maine Restyling Note [November 2014]

Maine Rule 406(a) is identical with Federal Rule 406. Maine Rule 406(b) specifically authorizes the use of evidence of specific instances of conduct to prove habit or routine practice. The language of Maine Rule 406(b) has been carried over into the restyled Rule.

Federal Advisory Committee Note

The language of Rule 406 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

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