Policy Rules

What is the rule statement for subsequent remedial measures?

Rule 407 covers evidence that is: (1) a measure; (2) taken after the injury; (3) that would have made the injury less likely to occur; and (4) is being offered to prove an impermissible purpose. Evidence of subsequent remedial measures is not admissible to prove: (1) negligence; (2) culpable conduct; (3) a defect in a product or its design; (4) or a need for a warning or instruction [Bad Purposes]. However, it may be admissible to prove another purpose including, but not limited to: (1) impeachment or (2) agency, ownership, or control.

What is the rule statement for statements and offers during settlement negotiations?

Evidence may be excluded under 408 if: (1) there is a claim; (2) disputed between the parties; (3) the evidence is an offer to compromise or a statement made during an offer to compromise; and (4) the evidence is being offered for an impermissible purpose. Settlement offers and statements made during settlement negotiations of a disputed claim are not admissible to (1) prove the validity or amount of a disputed claim or (2) impeach a witness [Bad Purposes]. However, they may be admissible for other purposes including, but not limited to, (1) bias (very limited); (2) undue delay; and (3) effort to obstruct a criminal investigation or prosecution [Good Purpose].

What is the rule statement for offers to pay medical expenses?

Evidence may be excluded under 409 if: (1) it is an offer to pay medical expenses and 2) it is being offered to prove liability for an injury [Bad Purpose]. However, it may be admissible for other purposes.

What is the rule statement for statements and offers during criminal plea bargaining?

Under 410, pleas and statements made during plea negotiations are inadmissible against the pleading defendant for any purpose except in subsequent trials: (1) for perjury or (2) if fairness dictates that statements be admitted together with other, admissible statements from the same negotiation or proceeding for the sake of completeness.

What is the rule statement for liability insurance?

Evidence may be excluded under 411 if: (1) it is evidence that the party had or did not have liability insurance and (2) it is being offered for an impermissible purpose. Evidence that a person had liability insurance is not admissible to prove: (1) negligence or (2) wrongful conduct [Bad Purposes]. However, the court may admit this evidence for another purpose including, but not limited to, (1) proving a witness’s bias or prejudice or (2) proving agency, ownership, or control [Good Purposes].