{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-397.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-397.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-397.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-397.1.html"}],"law_id":55017,"edition_id":1,"section_id":55017,"structure_id":13957,"section_number":"8.01-397.1","catch_line":"Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)","history":"2000, c. 1026.","full_text":"A\n\nAdmissibility. 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\n\nHabit 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\n\nThe provisions of this section are applicable only in civil proceedings.","order_by":null,"text":{"0":{"id":201803,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201804,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201805,"text":"The provisions of this section are applicable only in civil proceedings.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13957,"edition_id":1,"name":"Witnesses Generally","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:46:25","date_modified":"2026-06-26 03:46:25","permalink":{"id":277427,"object_type":"structure","relational_id":13957,"identifier":"4","token":"8.01\/14\/4","url":"\/8.01\/14\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74141,"structure_id":13957,"section_number":"8.01-396","catch_line":"No person incompetent to testify by reason of interest, or because a party","url":"\/8.01-396\/","token":"8.01\/14\/4\/8.01-396","metadata":false},{"id":86691,"structure_id":13957,"section_number":"8.01-396.1","catch_line":"Competency of witness","url":"\/8.01-396.1\/","token":"8.01\/14\/4\/8.01-396.1","metadata":false},{"id":69399,"structure_id":13957,"section_number":"8.01-396.2","catch_line":"Minor witness; appointment of guardian ad litem","url":"\/8.01-396.2\/","token":"8.01\/14\/4\/8.01-396.2","metadata":false},{"id":84174,"structure_id":13957,"section_number":"8.01-397","catch_line":"Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)","url":"\/8.01-397\/","token":"8.01\/14\/4\/8.01-397","metadata":false},{"id":55017,"structure_id":13957,"section_number":"8.01-397.1","catch_line":"Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)","url":"\/8.01-397.1\/","token":"8.01\/14\/4\/8.01-397.1","metadata":false},{"id":85559,"structure_id":13957,"section_number":"8.01-398","catch_line":"Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)","url":"\/8.01-398\/","token":"8.01\/14\/4\/8.01-398","metadata":false},{"id":82405,"structure_id":13957,"section_number":"8.01-399","catch_line":"Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)","url":"\/8.01-399\/","token":"8.01\/14\/4\/8.01-399","metadata":false},{"id":61689,"structure_id":13957,"section_number":"8.01-400","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/8.01-400\/","token":"8.01\/14\/4\/8.01-400","metadata":false},{"id":62595,"structure_id":13957,"section_number":"8.01-400.1","catch_line":"Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","url":"\/8.01-400.1\/","token":"8.01\/14\/4\/8.01-400.1","metadata":false},{"id":74220,"structure_id":13957,"section_number":"8.01-400.2","catch_line":"Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)","url":"\/8.01-400.2\/","token":"8.01\/14\/4\/8.01-400.2","metadata":false},{"id":85143,"structure_id":13957,"section_number":"8.01-401","catch_line":"How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection A of this section)","url":"\/8.01-401\/","token":"8.01\/14\/4\/8.01-401","metadata":false},{"id":64009,"structure_id":13957,"section_number":"8.01-401.1","catch_line":"Opinion testimony by experts; hearsay exception (subsection (a) of Supreme Court Rule 2:703, subsection (a) of Supreme Court Rule 2:705, and subsection (a) of Supreme Court Rule 2:706 derived from this section)","url":"\/8.01-401.1\/","token":"8.01\/14\/4\/8.01-401.1","metadata":false},{"id":62896,"structure_id":13957,"section_number":"8.01-401.2","catch_line":"Chiropractor, physician assistant, advanced practice registered nurse, or optometrist as expert witness","url":"\/8.01-401.2\/","token":"8.01\/14\/4\/8.01-401.2","metadata":false},{"id":59359,"structure_id":13957,"section_number":"8.01-401.2:1","catch_line":"Podiatrist as an expert witness","url":"\/8.01-401.2_1\/","token":"8.01\/14\/4\/8.01-401.2_1","metadata":false},{"id":56378,"structure_id":13957,"section_number":"8.01-401.3","catch_line":"Opinion testimony and conclusions as to facts critical to civil case resolution (Supreme Court Rule 2:701 derived from subsection B of this section, subdivision (a)(i) of Supreme Court Rule 2:702 derived from subsection A of this section, and subsection (a) of Supreme Court Rule 2:704 derived from subsections B and C of this section)","url":"\/8.01-401.3\/","token":"8.01\/14\/4\/8.01-401.3","metadata":false},{"id":55390,"structure_id":13957,"section_number":"8.01-402","catch_line":"Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases","url":"\/8.01-402\/","token":"8.01\/14\/4\/8.01-402","metadata":false},{"id":74616,"structure_id":13957,"section_number":"8.01-403","catch_line":"Witness proving adverse; 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This law was first created in 2000. The record of its establishment is cataloged in chapter 1026<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":277445,"object_type":"law","relational_id":55017,"identifier":"8.01-397.1","token":"8.01\/14\/4\/8.01-397.1","url":"\/8.01-397.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-397.1\/","token":"8.01\/14\/4\/8.01-397.1","dublin_core":{"Title":"Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-397.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Admissibility. Evidence<\/span> of the habit of a person<\/span> 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<\/span> or organization on a particular occasion was in conformity with the habit or routine practice. Evidence<\/span> of prior conduct may be relevant to rebut evidence<\/span> of habit or routine practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Habit and routine practice defined. A “habit” is a person<\/span>’s regular response to repeated specific situations. A “routine practice” is a regular course of conduct of a group of persons<\/span> or an organization in response to repeated specific situations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section are applicable only in civil proceedings. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE OF HABIT OR ROUTINE PRACTICE; DEFINED (SUPREME COURT RULE 2:406 DERIVED\nFROM THIS SECTION) (\u00a7 8.01-397.1)\n\nA. Admissibility. Evidence of the habit of a person or of the routine practice\nof an organization, whether corroborated or not and regardless of the presence\nof eye witnesses, is relevant to prove that the conduct of the person or\norganization on a particular occasion was in conformity with the habit or\nroutine practice. Evidence of prior conduct may be relevant to rebut evidence of\nhabit or routine practice.\n\nB. Habit and routine practice defined. A “habit” is a person’s\nregular response to repeated specific situations. A “routine\npractice” is a regular course of conduct of a group of persons or an\norganization in response to repeated specific situations.\n\nC. The provisions of this section are applicable only in civil proceedings.\n\nHISTORY: 2000, c. 1026.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}