Habit is a regular response to a specific situation.

United States v. Rivera, 527 F.3d 891, 906 n. 4 (9th Cir. 2008) ("While Defendants contend that the DEA failed to properly minimize two intercepted conversations between Rigoberto and Edith Iniguez, they do not contend that Rigoberto and Iniguez were married or had a common-law marriage-only that they...The necessary predicate for either the confidential marital communications privilege ("marital secrets" privilege) or the adverse spousal testimony privilege ("marital testimony privilege" or "anti-marital facts privilege") is the existence at some time of a legally-recognized marriage.

Cf. United States v. Barrow, 400 F.3d 109, 116 (2d Cir. 2005) (upholding trial court's admission of defendant's pretrial proffer statements to rebut trial assertions made by defense counsel in his opening statement and in....Federal Rule of Evidence 410 or a comparable State rule bars the use of plea offers, plea negotiations, withdrawn pleas, and pleas of nolo contendere (no contest pleas) against the defendant who engaged in such plea negotiations, entered such a withdrawn plea, or entered such a plea of nolo contendere.

Fed. R. Evid. 807(B) (statement admissible under Rule 807 only if "the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts").The hearsay exception created by Federal Rule of Evidence 807 or a comparable State rule applies only if the the affected statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts.