Relevance: Exclusion of Relevant Evidence for Public Policy Reasons

Question 1

What is the general rule re: evidence excluded for public policy reasons?

What are the examples?

Answer 1

Certain evidence is excluded by federal rules because public policy favors the behavior involved:

1. liability insurance
2. subsequent remedial measures
3. settlement offers (but see exception)
4. offers to pay medical expenses
5. withdrawn guilty pleas

Question 2

What is the rule w regards to admissibility of liability insurance (or lack thereof)?

WHAT is the rule in CA?

Answer 2

Evidence of liability insurance (or lack thereof) –>

NOT ADMISSIBLE –> to show

1. negligence or
2. ability to pay

MAY BE ADMISSIBLE –>

1. to prove ownership or control
2. to impeach
3. as part of an admission of liability

RULE in CA –> SAME!

Question 3

What is the rule w regards to admissibility of subsequent remedial measures?

What is the rule in CA?

Answer 3

NOT ADMISSIBLE TO SHOW:

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

IS ADMISSIBLE TO SHOW:

1. prove ownership or control
2. to REBUT a claim that precaution was not feasible
3. prove that opposing party has destroyed evidence

RULE in CA –> ALMOST SAME, EXCEPT rule does NOT apply in products liability cases
THUS –> in CA, evidence that produce was re-designed IS admissible to prove the original design was defective (not to prove negligence, but defective design)

Question 4

What is the rule w regards to admissibility of settlement offers?

What are the requirements for this rule to apply?

EXCEPTION?

What is the CA rule?

Answer 4

NOT ADMISSIBLE TO –>

1. prove or disprove validity or amount of disputed claim
2. to impeach witness by prior inconsistent statement or contradiction

NOTE –> conduct or statements made in the course of negotiating a compromise (including direct statements of liability) are also inadmissible for these purposes

REQUIREMENTS:

1. there must be some indication that party will make claim (although party need not have filed suit)
2. claim must be IN DISPUTE as to liability or amount

LIMITED FEDERAL EXCEPTION –>
Conducts or statements made during compromise negotiations regards a civil dispute with a gov regulatory, investigative, or enforcement authority are not excluded when offered in a CRIMINAL CASE
EXAMPLE –> D’s admissions of fact during settlement negotiations with SEC agency ARE admissible in related criminal case

CA rule –> SAME, PLUS
- also applies to discussions and writings made in the course of mediation proceedings

Question 5

What is the rule w regards to payments or offers to pay medical expenses?

What issue arises (exam tip)?

What is CA rule?

Answer 5

INADMISSIBLE –> Payment of or offers to pay medical expenses of injured party

HOWEVER –> unlike settlement offers, admissions of fact accompanying offers to pay ARE admissible

BE CAREFUL –> on exam, a medical offer may really be an offer to compromise, which would fall into the settlement rule, and in which case, accompanying statements would NOT be admitted
EXAMPLE –> “I’ll pay for your expenses, if you agree to drop case”

CA RULE –> almost same, except accompanying ADMISSIONS OF FACT are INADMISSIBLE

Question 6

What is the rule w regards to admissibility of withdrawn guilty pleas?

What is CA rule?

Answer 6

Withdrawn guilty pleas, plea of nolo contender, offers to plea, and ACCOMPANYING STATEMENTS are generally INADMISSIBLE in any proceeding against D who made the withdrawn plea or participated in discussions

CA rule –> SAME, except that effect of prop 8 in criminal case is unclear

Question 7

What are the special CA public policy exclusionary rules in CIVIL cases without any FRE counterpart?

Answer 7

1. Expressions of Sympathy
2. Evidence of Immigration Status
3. Records of Hospital Morbidity Studies
4. Proceedings and Records of Hospital Quality and Care Committees

Question 8

With regards to CA public policy exclusionary rule for “expressions of sympathy” - what is the rule?

Answer 8

Under CEC –>
Expressions of sympathy relating to the pain, suffering, or death of an accident victim are INADMISSIBLE in civil cases

HOWEVER –> accompanying statements of fault ARE admissible

Question 9

With regards to CA public policy exclusionary rule for “evidence of immigration status” - what is the rule?

Answer 9

Under CEC –>
evidence of a person’s immigration status is NOT ADMISSIBLE or DISCOVERABLE in civil actions for WRONGFUL DEATH or PERSONAL INJURY

Question 10

With regards to CA public policy exclusionary rule for “records of hospital morbidity studies” - what is the rule?

Answer 10

Under CEC –>

Records of study by hospital staff committee re: patient morbidity are NOT admissible in civil cases

Question 11

With regards to CA public policy exclusionary rule for “proceedings and records of hospital quality and care committees” - what is the rule?

Answer 11

Under CEC –>
Records of certain proceedings and records of organized hospital committees and peer review bodies are INADMISSIBLE in civil cases