Exclusionary Rules

Question 1

Rule 403

Answer 1

The court may exclude relevant evidence if its probative value is substantially outweighed by the danger of one or more of the following:
– Unfair prejudice
– Confusing the issues
– misleading the jury
– undue delay
– wasting time
– needlessly presenting cumulative evidence

Question 2

Subsequent Remedial Measures

Answer 2

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measure is not admissible to prove:

1) negligence;
2) culpable conduct;
3) a defect in a product or its design; or
4) a need for warning or instruction.

But the court may admit this evidence for another purpose, such as impeachment or - if disputed - proving ownership, control, or feasibility of precautionary measures.

Question 3

Compromise Offers and Negotiations

Answer 3

Evidence of the following is not admissible - on behalf of any party - either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or contradiction:

1) furnishing, promising, or offering - or accepting, promising to accept, or offering to accept - valuable consideration in compromising; or
2) Conduct or statements made during compromise negotiations

The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

NOTE: For the rule to apply, there must be a disputed claim at the time of the offer to settle. This does not necessarily means that there needs to be a pending lawsuit, just some type of claim.

Question 4

Offers to Pay Medical and Similar Expenses

Answer 4

Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

NOTE: this does not exclude extraneous statements to the offer to pay for medical expenses.

Question 5

Pleas, Plea Discussions, and Related Statements

Answer 5

In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:

1) a guilty plea that was later withdrawn;
2) a nolo contendere plea;
3) a statement made during a proceeding on either of those pleas under federal rules of civil procedure 11 or comparable state rules; or
4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later withdrawn guilty plea.

Question 6

Liability Insurance

Answer 6

Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully.

But the court may admit this evidence for another purpose, such as proving a witness bias or prejudice or proving agency, ownership, or control.

Question 7

Limiting Instruction

Answer 7

If the court admits evidence that is admissible against a party for one purpose, but not against a party for another purpose, the court, on timely request, must restrict the evidence to the proper scope and instruct the jury accordingly.