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South Carolina Rule of Evidence: 406


Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.


This rule is identical to the federal rule and makes it clear that the presence or absence of eyewitnesses does not affect the relevancy of evidence of habit or routine practice. To the extent that South Carolina law regarding evidence of habit or routine was previously read to require the absence of eyewitnesses, this rule constitutes a change in the law. Compare Laney v. Atlantic Coast Line Railway Co., 211 S.C. 328, 45 S.E.2d 184 (1947); State v. Hester, 137 S.C. 145, 134 S.E. 885 (1926); Dowling v. Fenner, 131 S.C. 62, 126 S.E. 432 (1922) with Holcombe v. Watson Supply Co., 171 S.C. 110, 171 S.E. 604 (1933).


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