§ 90.406, Fla. Stat. — Routine Practice (Habit Evidence)
Plain English
This is the “habit” rule, and Florida’s version centers on the routine practice of an organization. Evidence that a business or organization regularly does something a certain way is admissible to prove it acted in conformity with that routine on the specific occasion in question — and notably, even without any eyewitness and even without corroboration. The logic is that a settled, invariable routine is reliable proof of what happened. (Florida’s statute speaks to organizational routine practice; individual personal “habit” is developed through case law.)
From the Courtroom
Routine-practice evidence wins cases where there’s no witness to the specific event. Did the nurse chart the dose? No one remembers that shift — but proof of the hospital’s invariable charting routine lets the jury infer it happened. It’s circumstantial proof at its most quietly powerful, and it doesn’t need a single eyewitness to land.
Key Points & Authority
- § 90.406, Fla. Stat. — Evidence of an organization’s routine practice is admissible to prove conduct in conformity on a particular occasion, whether or not corroborated and regardless of eyewitnesses.
- Scope: the statute addresses organizational routine practice; individual personal habit is handled through Florida case law.
- Federal parallel: Fed. R. Evid. 406 covers both individual habit and an organization’s routine practice.
Federal Parallel
The federal counterpart is Fed. R. Evid. 406, which expressly covers both a person’s habit and an organization’s routine practice — admissible to prove conduct in conformity, regardless of corroboration or eyewitnesses.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Evidence of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is admissible to prove that the conduct of the organization on a particular occasion was in conformity with the routine practice.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.406 makes evidence of an organization’s routine practice admissible to prove its conduct conformed to that routine on a particular occasion, whether or not corroborated and regardless of eyewitnesses.