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2000 SESSION
004584508Patrons-- Norment, Bolling, Forbes, Holland, Houck, Lambert, Lucas, Martin, Puckett, Puller, Quayle, Reynolds, Saslaw, Schrock, Stolle and Watkins; Delegates: Abbitt, Albo, Bennett, Black, Bloxom, Cantor, Drake, Griffith, Hamilton, Harris, Howell, Johnson, Jones, S.C., Keister, Kilgore, Larrabee, McClure, McDonnell, McQuigg, Morgan, Nixon, Parrish, Ruff, Shuler, Tate, Van Yahres, Wardrup, Weatherholtz and Woodrum
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; method of proof.
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.
[ C. Method of proof. Habit or routine practice may be proved by testimony
in the form of an opinion or by specific instances of conduct sufficient in number to
warrant a finding that the habit existed or that the practice was routine. ]