Brooks v. Lexington-Fayette Urban County Housing Authority

Federal Rule of Evidence (FRE) 406 provides:

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.

(Emphasis added.)

For at least one hundred years, the common law rule in Kentucky has been that such evidence is inadmissible. Burchett v. Commonwealth, Ky., 98 S.W.3d 492, 494-95 (2003). The Committee that drafted the proposed Kentucky Rules of…