Categorical Relevance Flashcards
Subsequent Remedial Measures
Categorical Relevance
Evidence that a party took remedial measures after an accident may not be introduced to show that the party is legally liable for creating or maintaining the pre-accident state of affairs. However, the court may admit evidence of a subsequent remedial measure for another purpose, such as impeachment or – if disputed – proving ownership, control, or the feasibility of precautionary measures.
Rule 407
Compromises, Offers & Negotiations in Civil Cases
Categorical Relevance
Rule 408(a)(1) - Evidence of offering or accepting, or promising to do so – a valuable consideration in compromising or attempting to compromise the claim, is inadmissible on behalf of either party to prove or disprove the validity of or amount of a dispute claim or to impeach by prior inconsistent statement.
Rule 408(a)(2) - Evidence of conduct or statements made during negotiations are also inadmissible for this purpsoe.
Exceptions - Court may admit evidence for another purpose such as proving an effort to obstruct a criminal investigation or proceeding.
Rule 408(b) bars the entire settlement conversation.
Payment of Medical Expenses
Categorical Relevance
Rule 409 - Evidence of furnishing, promising to pay for or offering to pay medical bills or similar expenses resulting from an injury is not admissible to prove liability.
The evidence is not excluded when offered for other purposes, such as showing the defendant’s responsibility for the condition that caused the accident.
Rule 409 only bars the offer to pay; other statements can come in.
Pleas, Plea Discussions & Related Statements
Categorical Relevance
Rule 410(a) - In a civil or criminal case, evidence of the following is not admissible against the defendant who participated in plea discussions:
1. A guilty plea that is latter withdrawn
2. A nolo contendere plea
3. Statements made during a proceeding on those pleas, or
4. Statement made during discussions is they did not result in a guilty plea, or if the guilty plea was later withdrawn.
Exceptions: Statements from (3) or (4) comes in and they should be heard together, or in criminal proceeding for perjury.
Bars statements for all purposes
Liability Insurance
Categorical Relevance
Rule 411 - Evidence of liability insurance is inadmissible:
1. If offered by the plaintiff to show that an insured defendant, having no fear of paying accident costs, was careless at a particular time; AND
2. If offered by the defendant who wishes to argue that low policy limits or lack of insurance gave her an incentive to be careful.
However, the court may admit evidence of liability insurance for another purpose, such as proving witness bias, prejudice or agency, ownership or control.
