Evidence of a person's habit or of an organization's routine practice, 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.
§ 2406.Habit - Routine Practice
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceMakes evidence of a person's habit or an organization's routine practice relevant to prove conforming conduct on a particular occasion, regardless of corroboration or eyewitnesses.
Full Text of § 2406
Amendment History
Laws 1978, SB 276, c. 285, § 406, eff. 10/1/1978.
Plain-English Summary
Unlike character evidence under Section 2404, habit and routine-practice evidence gets a green light: Section 2406 makes it relevant to prove that a person or organization acted in conformity with the habit or practice on a specific occasion. Corroboration isn't required, and neither is an eyewitness -- the habit or routine practice can carry that weight on its own.
Frequently Asked Questions
What's the difference between character evidence and habit evidence in Oklahoma?
Character evidence generally can't prove conforming conduct under Section 2404, but Section 2406 allows habit or routine-practice evidence for exactly that purpose.
Do you need a witness who saw the habit in action to introduce it?
No. Section 2406 says habit or routine-practice evidence is relevant regardless of the presence of eyewitnesses.
Does evidence of habit need to be corroborated to come in?
No. The statute makes it relevant whether corroborated or not.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma habit evidence rule12 O.S. § 2406FRE 406 oklahoma equivalentroutine practice evidence oklahoma