1. A pattern of behavior is character evidence if the best you can prove is that a person usually behaves in a certain way, or has a tendency to behave that way.
Character evidence is not admissible. A pattern of behavior is habit evidence if you can convince a judge that the person always behaves in a certain way under
circumstances similar to the ones at the time of the crime or event being litigated. Evidence of habit is admissible. Rule 406.
2. If an individual always does something a certain way, it's called a habit.
3. If an organization or corporation always does something a certain way, it's called a custom.
4. Habit and custom are generally proved by opinion testimony:
a) The witness has personal knowledge of the person or organization whose conduct is at issue.
b) The witness has observed a large number of situations similar to the one at issue.
c). The person or organization has always responded to the situation in a particular way. It is not enough that the person or organization usually acts in a
certain way.
5. Witnesses may testify to their own habits as well as the habits of others.