Policy Based Rules Flashcards
Subsequent Remedial Measures
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: (1) Negligence (fault); (2) Culpable conduct; or (3) A defect in a product or its design. One exception to this rule is when SRM is offered for impeachment purposes, proving ownership, control, destruction of evidence, or feasibility of precautionary measures.
*if multiple theories of relevance: use 403 for admission. If admissible, ask for a 105 limiting instruction.
*if SRM came from a 3rd party it is inadmissible.
Offers to Compromise & Negotiations
General Rule: Offers to compromise, and statements made during negotiation, are not admissible to prove/disprove the validity or amount of a disputed claim or to impeach by a prior consistent statement or contradiction.
R/E Exceptions: 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.
Offers to Pay Medical and Similar Expenses
An offer to pay medical expenses resulting from an injury is not admissible to prove liability for that injury. However, admissions of fact accompanying offers to pay medical expenses are admissible.
Guilty Pleas, Plea Discussions, and Related Statements
A criminal guilty plea is not admissible if the guilty plea was later withdrawn. Statements made during pleas discussion with the prosecution are not admissible if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
Liability Insurance or Lack Thereof
Can’t include evidence of insurance or lack thereof to prove negligence/wrongful conduct. But can be used to prove ownership or control.
