H

Evidence of routine reactions. 'Habit' as 'a regular practice of meeting a particular kind of situation with a certain type of conduct, or a reflex behavior in a specific set of circumstances.' Frase v. Henry, 444 F.2d 1228, 1232 (10th Cir. 1971) (defining 'habit' under Kansas law). The advisory committee notes to Rule 406 state that, 'while adequacy of sampling and uniformity of response are key factors, precise standards for measuring their sufficiency for evidence purposes cannot be formulated.' Fed. R. Evid. 406 advisory committee note. See Fed. R. Evid. 406.

Five incidents ordinarily would be insufficient to establish the existence of ...