Also known as: practices · practiced · practising · practitioner · procedure · custom
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
The professional activity of providing legal services or appearing before courts as an attorney. A judge is prohibited from engaging in this activity except when acting pro se or providing uncompensated assistance to family members.
The professional activity of providing legal services or appearing before courts as an attorney. A judge is prohibited from engaging in this activity except when acting pro se or providing uncompensated assistance to family members.
Select any source to read its text and confirm it supports the definition.
Habitual or routine conduct of a person or organization that may be admitted to prove action in accordance with that conduct on a particular occasion regardless of corroboration or the presence of an eyewitness.
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The carrying on of a profession or trade by one who undertakes to render services in that field and who must therefore exercise the skill and knowledge normally possessed by members of the profession or trade in good standing in similar communities.
Select any source to read its text and confirm it supports the definition.
Habitual or routine conduct of a person or organization that may be admitted to prove action in accordance with that conduct on a particular occasion regardless of corroboration or the presence of an eyewitness.
The carrying on of a profession or trade by one who undertakes to render services in that field and who must therefore exercise the skill and knowledge normally possessed by members of the profession or trade in good standing in similar communities.
Each sense below has its own examples, sources, and questions.
Judge Patricia Patel drafted a will for her sister without compensation. When the sister later asked Judge Patel to represent her in probate court, Judge Patel declined. The judicial conduct rule barred her from serving as the family member's lawyer in any forum even though she could give uncompensated advice and draft documents.
A judge may give legal advice to and draft or review documents for a family member without compensation but may not serve as the family member's lawyer in any forum. The rule draws a clear line between uncompensated assistance and formal representation.
Supporting sources
Pedro Pacheco sued Precision Tools after a workplace injury. Precision Tools offered evidence that its employees always followed a written safety checklist before operating heavy machinery. The court admitted the evidence to show that the employee on duty had followed the checklist on the day of the accident even though no one had witnessed the specific steps taken that morning.
Peak Performance sued Prime Logistics in federal court under diversity jurisdiction. The parties disputed whether a state procedural rule or a federal practice should govern a particular issue. The court weighed the state's interest in uniform application of its rule against the federal judicial system's interest in uniform federal practice and selected the rule that best served both interests.
Pierce Patterson was served with a state-court complaint. Within thirty days he filed a notice of removal in federal court containing a short and plain statement of the grounds together with copies of all process and pleadings. The court accepted the notice because it satisfied the statutory requirements for removal even though the state-court record remained incomplete.
Yes. The rule expressly permits admission of habit or routine practice evidence regardless of whether it is corroborated or whether an eyewitness exists. The court evaluates only whether the evidence tends to show the person or organization acted in accordance with the habit on the occasion in question.
Supporting sources
Paige Porter granted a mortgage on her home to Pinnacle Holdings under a title-theory jurisdiction. When Paige defaulted, Pinnacle Holdings asserted it held legal title and could take possession without foreclosure. Paige argued the jurisdiction followed lien theory and that she retained title subject only to a lien. The court applied the title theory and confirmed that Pinnacle Holdings held legal title while Paige retained only an equity of redemption.
Philip Powell, a licensed electrician, installed wiring in Preston Pratt's commercial building. The wiring failed and caused a fire. Powell defended on the ground that he had followed local custom. The court held that Powell was required to meet the skill and knowledge normally possessed by electricians in good standing in similar communities regardless of local custom.
The professional must exercise the skill and knowledge normally possessed by members of that profession or trade in good standing in similar communities unless the professional represents that greater or lesser skill applies. Local custom alone does not lower the required standard.
Supporting sources
…of the President and the seal are those solemnities for commissions. The transmission and acceptance of the commission are practices of convenience not required by law and cannot be necessary to constitute the appointment which is the sole act of the President. If the possession of the original were necessary to…