Evidence- Public Policy Exclusions

Question 1

Is evidence that a person does/does not have liability insurance admissible?

Answer 1

NO

unless the insurance is being used to show:

(a) proof of ownership/control (if in dispute)
(b) impeachment of witness (usually for bias)

Question 2

What should judge do if piece of evidence is admissible for one purpose but not for another?

Answer 2

Give limiting instruction to jury that they should only consider evidence for the permissible purpose.

Question 3

Are subsequent remedial measures (post-accident: repairs, design changes, etc.) admissible?

Answer 3

Admissible for:

(a) proof of ownership/control
(b) feasibility of safer condition

Inadmissible for: proving negligence, culpable conduct, product defect, or need for warning

Question 4

Are settlements in civil cases or statements of fact made (including admissions) during settlement talks admissible?

Answer 4

Not admissible to:

(a) prove liability or weakness of case
(b) impeach through prior inconsistent statement or contradiction

Admissible to: impeach witness on ground of bias (e.g. if third-party was “bought off” by D in a settlement to testify against you)

Question 5

Must there be a disputed claim in order for the exclusionary rule to apply to settlements (or settlement offers) in civil cases or statements of fact made (including admissions) during settlement?

Answer 5

Yes

At the time of settlement, there must be disputed claim as to:

(a) validity of claim; or
(b) amount of damages

ex. If A and B cars collide and A runs up to B immediately and says “I’m at fault and I’ll settle for $100k if you don’t sue” exclusionary rule does not apply because there was no disputed claim at the time of the offer.

Question 6

Are these pleas admissible in civil litigation?

• Offer to plead guilty
• withdrawn guilty plea
• plea of nolo contendre (no contest)
• statement of facts made during the above
• guilty plea (non-withdrawn)

Answer 6

They are all inadmissible except for non-withdrawn guilty plea.

Question 7

Is evidence that a party has paid or offered to pay an accident victim’s hospital or medical expenses admissible?

Answer 7

No

BUT,

a party’s admission of fact accompanying an offer to pay medical expenses is admissible (unless in a settlement)