Public Policy Exclusions

Question 1

Basic Idea

Answer 1

Relevant evidence, but excluded b/c public policy at issue that’s more important

Question 2

Liability Insurance

Answer 2

Evidence of a party’s insurance against liability (or lack thereof) is inadmissible to prove ngeligence/wrongful conduct

BUT may be admissible for other relevant purposes such as:
1) to prove ownership or control if disputed
2) to impeach a witness (usually to show bias)
3) as part of an admission of liability (“don’t worry, my insurance will pay it off”)

Question 3

Subsequent Remedial Measures

Answer 3

Evidence of repairs or other precautionary measures made following an injury is not admissible to prove:
1) negligence
2) culpable conduct
3) a defect in a product or its design
4) need for a warning or instruction

But may be admissible for other purpose such as:
1) Prove ownership or control
2) rebut a claim that a precaution was not feasible
3) to prove that the opposing party destroyed evidence

Question 4

Civil Settlements and Civil Negotiations

Answer 4

Exclusion ONLY KICKS IN if there was a legal claim/indication of claim. Claim must have been in dispute as to either laibility or amount.

Evidence of a compromise/settlement or an office to comporomise a civil claim is not admissible in any case to:
1) prove or disporove the validty or amount of a dispute claim; OR
2) impeach a witness by prior inconsistent statement or contradiction

Conduct or statements made during negotation also inadmissible, including admittance of liability.

ADMISSIBLE: impeachment witness on ground of bias

Question 5

Civil Settlements/Civil Negotiations Exception

Answer 5

Conduct or statements made during compromise negotiations regarding a civil dispute with a GOV party are NOT excluded when OFFERED IN A CRIMINAL CASE.

ex. Admits to liability in civil negotiations. Can be used in crim trial but not civ trial.

Question 6

Plea Discussions

Answer 6

INADMISSIBLE:
1) Offers to plead guilty
2) Withdrawn guilty pleas
3) No contest pleas
4) Statements in plea discussions

NOTE: an actual, non-withdrawn guilty plea is generally admissible

Question 7

Payments of And oFfers to pay medical expenses

Answer 7

Inadmissible to prove liability

BUT accompanying admissions of fact are admissible

Ex. (1) Sorry I hit you; (2) I’ll pay your hospital bills.
2 is excluded, 1 is admissible.

BUT beware of an offer that is also an offer to settle. Stricter rule applies, meaning accompanying statements or conduct would be excluded.