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2000 SESSION


CHAPTER 1026
An Act to amend the Code of Virginia by adding a section numbered 8.01-397.1, relating to evidence of habit or routine practice.
[S 331]
Approved April 19, 2000

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-397.1 as follows:

§ 8.01-397.1. Evidence of habit or routine practice; defined.

A. Admissibility. 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 eye witnesses, 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. Evidence of prior conduct may be relevant to rebut evidence of habit or routine practice.

B. Habit and routine practice defined. A "habit" is a person’s regular response to repeated specific situations. A "routine practice" is a regular course of conduct of a group of persons or an organization in response to repeated specific situations.

C. The provisions of this section are applicable only in civil proceedings.

2. That an emergency exists and this act is in force from its passage.