Special Relevancy Rules Flashcards
Subsequent Remedial Measures Rule (Repair Rule)
INADMISSIBLE IF OFFERED TO PROVE
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
Subsequent Remedial Measures Exceptions:
ADMISSIBLE IF OFFERED TO PROVE
1) Proof of ownership
2) control
3) feasibility of precautionary measures
4) impeachment.
Subsequent Remedial Measures:
RATIONALE
1) Social policy - encourage people to voluntarily take steps in furtherance of safety
2) Relevance - not probative.
Remedial Measures
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
REQUIREMENTS (Subsequent remedial measures).
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)
Federal Rule in Strict Liability Cases
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.”
Admissibility for Other Purposes
OWNERSHIP AND CONTROL
- 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).
Feasibility of Precautionary Measures
SHOWING PRECAUTIONARY MEASURES WERE AVAILABLE
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.
IMPREACHMENT
To rebut a denial of fault or allegations of plaintiff’s contributory negligence.
Compromises and Offers
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
Inadmissibility of Compromises and Offers
RATIONALE
- Social policy of encouraging settlements / and compromises.
- Relevancy -
Compromises and Offers Rule 408
SCOPE
- 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)
Statements During Compromise negotiations
- Legal Conclusions, factual statements, internal memoranda, so long as communications were intended as part of negotiation of compromise.
Statements of Fault in Civil Suits w/ Governmental Agencies
Admissible in Criminal Cases
offers of compromise = NOT ADMISSIBLE
DISPUTE REQUIREMENT (Offers to compromise)
- Claim or amount must be DISPUTED.
- Litigation or threat of litigation = Not requried
Third party Compromises
Excluded if offered to prove:
1) Liability for, or
2) Invalidity of a claim or AMOUNT.
Admissibility of Offers of Compromise for Other Purposes
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.
MEDICAL PAYMENTS FRE 409 (Good Samaritan Rule)
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.
RATIONALE (MEDICAL PAYMENTS EXCLUSION)
Based on the belief that the offer or payment is usually made from humane purposes and not from an admission of liability.
RULE 409 FOR MEDICAL PAYMENTS
DOES NOT EXCLUDE
- Statements that accompany payment of medical expenses.
- No DISPUTE NECESSARY
CRIMINAL PLEAS AND OFFERS FRE 410
Offered against the Defendant who made the Offer
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.
Withdrawn Guilty Pleas
Withdrawn Guilty Pleas and Related STATEMENTS are inadmissible if offered against the defendant who made the plea.
NOLO CONTENDERE PLEA
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.
Exceptions To Rule 410 (Excluding Pleas and Offers)
TIMING + STATEMENTS MADE TO POLICE
- 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)
BROKEN PLEA AGREEMENTS
- 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.
ADMISSIBILITY OF PLEAS or OFFERS
AGAINST THIRD PARTIES
ADMISSIBLE
- Pleas / offers and statements by prosecution and their witnesses = admissible to impeach the witnesses.
- Only applicable when brought against defendants.
Exception Rule 410 Offers / Pleas
RULE OF COMPLETENESS
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”
EXCEPTION 410 OFFERS AND PLEAS
PURJURY OR FALSE STATEMENT PROSECUTIONS
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.
Exception to RULE 410 (PLEAS AND OFFERS)
IMPEACHMENT
- No Impeachment exception to Rule 410.
EXCEPTION TO RULE 410 (PLEAS AND OFFERS)
WAVIER
- accused can waive protections
- Waiver = Similar to Stipulation (admission of otherwise objectionable evidence)
RULE 411 (LIABILITY INSURANCE)
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.
