Evidence 6-10

Question 1

When are Settlement Offers and statements made during Settlement Negotiations NOTadmissible?

Answer 1

To prove the validity or amount of a disputed claim (claim must be filed or threatened); OR

To impeach by a prior inconsistent statement or contradiction.

CA: Excludes written/oral statements made during mediation proceedings.

*It may be admitted to: prove bias/prejudice of a witness, negate a contention of undue delay, or prove obstruction in a criminal matter.

Priority: Medium

Question 2

What Pleas and Plea Negotiations are NOTadmissible in a subsequent civil or criminal case?

Answer 2

Statements made during plea discussions.

A nolo contendere plea.

A defendant’s guilty plea that was later withdrawn.

Priority: N/A

Question 3

Evidence of paying (or promising/offering to pay for) medical expenses is NOT admissible to prove what?

Answer 3

Liability

(even if there is no disputed claim)

FRE: Any related statements or factual admissions ARE admissible.

CA: Related factual statements are NOT admissible.

Priority: Medium

Question 4

Evidence of Liability Insurance is NOT admissible to prove what?

Answer 4

Culpability

(that a person acted negligently of wrongfully)

*However, a court may admit it for another purpose (i.e. proving bias/prejudice of witness, proving agency/ownership/control).

Priority: Medium

Question 5

All physical evidence MUST be authenticated before being admitted into evidence.

How may physical evidence be Authenticated?

Answer 5

By:

Witness testimony; OR

By evidence that shows it has been held in a substantially unbroken chain of custody.

*A party must prove that the item it seeks to admit is actually what the party purports it to be, unless stipulated otherwise.

Priority: HIGH