Relevance - Public Policy Exceptions

Question 1

Is evidence of a party’s Liability Insurance admissible to show negligence or fault?

Answer 1

Generally, no.

Question 2

What can evidence of a party’s liability insurance be used to show?

Answer 2

• Control/Ownership
• To impeach a witness (to show bias)
• As part of an admission of liability, where the reference to insurance coverage cannot be severed without lessening its probative value as an admission of liability.

Question 3

What can can evidence of subsequent remedial measures be used to show?

Answer 3

• Control Ownership
• That the SRM was in fact feasible.
• To prove that the opposing party has destroyed evidence.

Question 4

Is evidence of a party’s subsequent remedial measures admissible to show negligence or fault?

Answer 4

Generally, no.

Question 5

Civil settlements and conversations from the negotiation of those settlements can be admitted into evidence to prove validity or impeach a witness by prior inconsistent statement.

True or False.

Answer 5

False except to impeach a witness on the grounds of bias.

Question 6

When does the exclusion of settlements and negotiation kick in?

Answer 6

When there is a claim or some indication that a party was going to make a claim.

The claim must dispute the AMOUNT of damages OR LIABILITY.

Question 7

Name the different plea situations that would be excluded from evidence against a defendant who made or participated in a plea:

Answer 7

• Offers to plead guilty.
• Withdrawn guilty pleas.
• No contest pleas.
• Statements of fact made during any plea discussions.

*Actual guilty pleas are admissible in related litigation.

Question 8

When is evidence of payments and offers to pay medical bills admissible in court?

Answer 8

They aren’t. However, admissions of fact accompanying the payment or offer are.