Limits Based On Policy

Question 1

What is the rule for subsequent remedial measures?

Answer 1

Evidence of them is not admissible to show negligence, culpable conduct, defect, or need for warning

May be admitted to impeach or, IF DISPUTED, prove ownership, control, or feasibility

Question 2

Are compromise offers and negotiations admissible?

Answer 2

Generally, no. Either party may not admit to prove or disprove the the validity or amount of disputed claim

Question 3

When does offers and negotiation come in?

Answer 3

Court may admit for another purpose, such as proving bias, negating a connection of undue delay, or proving an effort to obstruct a criminal investigation

Question 4

Under rule 408, the offer must have . . .

Answer 4

Been made in compromising or attempting to compromise a claim

Question 5

What is the rule of admissibility for offers to pay medical expenses

Answer 5

Not admissible to prove liability for injury

Question 6

What is the difference between rule 408 and 409

Answer 6

408 requires a claim, 409 does not. It’s always inadmissible

Question 7

Are plea agreements admissible?

Answer 7

Not admissible against defendant who made plea or participated in discussions

Question 8

When does a plea statement come in/is admissible

Answer 8

In a proceeding in which another statement made during the same plea has been introduced, and should be considered, and criminal proceeding for perjury or false statement

Can be waived

Question 9

Rule on liability insurance

Answer 9

Rule 411-liability insurance is not admissible to prove negligence or wrongful conduct. May come in to prove bias or prejudice or to prove agency, ownership or control