Special Relevancy Rules

Question 1

Subsequent Remedial Measures Rule (Repair Rule)

INADMISSIBLE IF OFFERED TO PROVE

Answer 1

Evidence Offered to Prove
1) Negligence
2) Culpable Product 
3) Defect in a product or its design 
4) a need for a warning or instruction
= INADMISSIBLE

Question 2

Subsequent Remedial Measures Exceptions:

ADMISSIBLE IF OFFERED TO PROVE

Answer 2

1) Proof of ownership
2) control
3) feasibility of precautionary measures
4) impeachment.

Question 3

Subsequent Remedial Measures:

RATIONALE

Answer 3

1) Social policy - encourage people to voluntarily take steps in furtherance of safety
2) Relevance - not probative.

Question 4

Remedial Measures

Answer 4

1) Installation of safety devices
2) changes in company rules
3) Discharge of employees
4) Disciplinary action
5) changes in warnings / design
POST ACTION STUDIES = NOT REMEDIAL MEASURES

Question 5

REQUIREMENTS (Subsequent remedial measures).

Answer 5

1) Must be made after injurious accident resulting in litigation. Post sale, pre-injury actions are not covered.
2) CANNOT BE A 3rd party measures .
3) CANNOT BE a Mandatory Measures (usually not included)

Question 6

Federal Rule in Strict Liability Cases

Answer 6

Amended to be applicable to Strict Liability Cases in 1997 so that evidence of SRM is not admissible.

• “defect in product or its design.”
• “A need for a warning or instruction.”

Question 7

Admissibility for Other Purposes

OWNERSHIP AND CONTROL

Answer 7

• must be a disputed issue.
• Rule 403 Applies.
  Powers v. J. B. Michael and Co.
• Highway contractor sued for negligently failing to erect a sign at construction site.
• Evidence contractor subsequently put up a sign admitted to show control over the site by contractor (not for the purpose of negligence).

Question 8

Feasibility of Precautionary Measures

SHOWING PRECAUTIONARY MEASURES WERE AVAILABLE

Answer 8

Feasibility of Alternate designs
- Boeing v. Brown
- Subsequent Design modification altered to show that the formerly used part was defectively designed.
SHOWING PRECAUTIONARY MEASURES WERE AVAILABLE.

Question 9

IMPREACHMENT

Answer 9

To rebut a denial of fault or allegations of plaintiff’s contributory negligence.

Question 10

Compromises and Offers

Answer 10

FRE 408 Excludes evidence of compromises and offers to compromise when offered to prove / disprove:
- validity or amount of a disputed claim
- impeach by prior inconsistent statement / contradiction
Adimissibiliy decided by Rule 104a 2

Question 11

Inadmissibility of Compromises and Offers

RATIONALE

Answer 11

• Social policy of encouraging settlements / and compromises.
• Relevancy -

Question 12

Compromises and Offers Rule 408

SCOPE

Answer 12

• Completed Compromises / Offers of Compromise
• Disputes over amount of claim & Validity of Claim
• Admission by either party
• Only covers statements made in an attempt to compromise (Not Near Term Demands)

Question 13

Statements During Compromise negotiations

Answer 13

• Legal Conclusions, factual statements, internal memoranda, so long as communications were intended as part of negotiation of compromise.

Question 14

Statements of Fault in Civil Suits w/ Governmental Agencies

Answer 14

Admissible in Criminal Cases

offers of compromise = NOT ADMISSIBLE

Question 15

DISPUTE REQUIREMENT (Offers to compromise)

Answer 15

• Claim or amount must be DISPUTED.

- Litigation or threat of litigation = Not requried

Question 16

Third party Compromises

Answer 16

Excluded if offered to prove:

1) Liability for, or
2) Invalidity of a claim or AMOUNT.

Question 17

Admissibility of Offers of Compromise for Other Purposes

Answer 17

Only applies if offered to prove / disprove:
1) validity of the claim or amount
2) to impeach by prior inconsistent statement / contradicition
PERMISSIBLE PURPOSES:
- BIAS
- to Negate a contention of undue delay
- Proving an effort to obstruct justice.

Question 18

MEDICAL PAYMENTS FRE 409 (Good Samaritan Rule)

Answer 18

Evidence of: 
- Furnishing Payment, 
- Promising to pay, 
- offering to pay
= Medical, Hospital, or similar expenses resulting from an Injury, if 
OFFERED TO PROVE LIABILTY FOR INJURY.

Question 19

RATIONALE (MEDICAL PAYMENTS EXCLUSION)

Answer 19

Based on the belief that the offer or payment is usually made from humane purposes and not from an admission of liability.

Question 20

RULE 409 FOR MEDICAL PAYMENTS

DOES NOT EXCLUDE

Answer 20

• Statements that accompany payment of medical expenses.

- No DISPUTE NECESSARY

Question 21

CRIMINAL PLEAS AND OFFERS FRE 410

Offered against the Defendant who made the Offer

Answer 21

1) Withdrawn Guilty Pleas
2) Nolo Contendere (no Contest) Pleas
3) Statements made during proceedings to determine VOLUNTARINESS of above pleas UNDER CRIMINAL RULE 11 (or comparable state procedure)
4) Certain statements made during plea bargaining discussion.

Question 22

Withdrawn Guilty Pleas

Answer 22

Withdrawn Guilty Pleas and Related STATEMENTS are inadmissible if offered against the defendant who made the plea.

Question 23

NOLO CONTENDERE PLEA

Answer 23

INADMISSIBLE under 410 (a)(2) if offered against the defendant who made the plea.  
Purpose of no-contest plea = Prevent a Guilty Plea from being used in a Subsequent CIVIL CASE. 
RULE 803 (22) makes a judgement of conviction INADMISSIBLE in a civil case. 
USE OF CONVICTION FOR IMPEACHMENT = OK.

Question 24

Exceptions To Rule 410 (Excluding Pleas and Offers)

TIMING + STATEMENTS MADE TO POLICE

Answer 24

• Rule does not apply to statements made before negotiations have begun and after they end.
• Limited to statements made during plea discussions with (or at the direction of) a state’s attorney.
• Statements to Police are not included (unless Police is acting as agent of State Attorney)

Question 25

BROKEN PLEA AGREEMENTS

Answer 25

• RULE 410 DOES NOT APPLY TO BROKEN AGREEMENTS.
• United States v. Stirling - Witness Reneged on agreement to plead guilty after testifying before a grand jury and at trial of other defendants. Grand Jury testimony Admitted against Witness at his own trial (this remedy was written into the agreement if he reneged)
• United States v. Davis.

Question 26

ADMISSIBILITY OF PLEAS or OFFERS

AGAINST THIRD PARTIES

Answer 26

ADMISSIBLE

• Pleas / offers and statements by prosecution and their witnesses = admissible to impeach the witnesses.
• Only applicable when brought against defendants.

Question 27

Exception Rule 410 Offers / Pleas

RULE OF COMPLETENESS

Answer 27

When another statement made during the same plea or plea discussions has been introduced, and
in fairness, the statements ought to be considered together.
COMPARE RULE 106 “RULE OF COMPLETENESS”

Question 28

EXCEPTION 410 OFFERS AND PLEAS

PURJURY OR FALSE STATEMENT PROSECUTIONS

Answer 28

Statements are admissible if they were made under oath, on the record, and in the presence of counsel.
- Without it defendants could contradict previous statements and lie with impunity.

Question 29

Exception to RULE 410 (PLEAS AND OFFERS)

IMPEACHMENT

Answer 29

• No Impeachment exception to Rule 410.

Question 30

EXCEPTION TO RULE 410 (PLEAS AND OFFERS)

WAVIER

Answer 30

• accused can waive protections

- Waiver = Similar to Stipulation (admission of otherwise objectionable evidence)

Question 31

RULE 411 (LIABILITY INSURANCE)

Answer 31

Excludes evidence of liability insurance if offered to prove:
- that a person carrying / failing to carry such insurance acted
NEGLIGENTLY, or
WRONGFULLY.
- Proof of BIAS of a witness, AGENCY, OWNERSHIP, CONTROL - RULE DOES NOT APPLY.