SRM, Offers to Pay Medical Expenses, Settlement, Liability, Sexual-Offense Cases

Question 1

When are subsequent remedial measures inadmissible?

Answer 1

SRM are inadmissible to prove:

• Negligence
• Culpable conduct
• Defect in a product
• Defect in a product’s design
• Need for warning or instruction

Question 2

When are subsequent remedial measures admissible?

Answer 2

SRM are admissible to prove:

• Impeachment; or
• Ownership or control
• feasibility of precautionary measures

Question 3

When is an offer to settle a claim inadmissible?

Answer 3

Evidence of an offer to settle a claim, and any statements or conduct accompanying the offer, is not admissible to prove the validity or amount of a disputed claim.

Admissible to:

• Prove a witness’s bias or prejudice;
• Negate a contention of undue delay; or
• Prove an effort to obstruct a criminal investigation or prosecution.

Question 4

When is an offer to settle a claim admissble?

Answer 4

Admissible to:

• Prove a witness’s bias or prejudice;
• Negate a contention of undue delay; or
• Prove an effort to obstruct a criminal investigation or prosecution.

Question 5

Offers to pay medical and similar expenses

Answer 5

Evidence of offering or promising to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

*If an admission is made in connection w/ offers to pay medical or hospital expenses, the admission may be severed from the offer

Question 6

Pleas, Plea Discussions, and Related Statements

Answer 6

Pleas, or statements made during plea negotiations

by ∆ to a prosecutor

in a criminal proceeding,

are inadmissible against the ∆ later

Applies to:

• guilty plea later withdrawn
• pleas of nolo contendere (no contest); and
• offers to plead guilty

Does not apply to:

• statements made to law enforcement

Question 7

When is evidence of Liability Insurance inadmissible?

Answer 7

Evidence that a person was or was not insured against liability is inadmissible to prove whether the person acted negligently or otherwise wrongfully.

Admissible to prove:

• Witness’s bias or prejudice
• Agency
• Ownership; or
• Control

Question 8

When is evidence of Liability Insurance admissible?

Answer 8

Admissible to prove:

• Witness’s bias or prejudice
• Agency
• Ownership; or
• Control

Question 9

Settlement Offers (Rule 408)

Answer 9

Offers to settle claims “in dispute” are inadmissible

Admissions made during are not severed (inadmissible)

Question 10

Offers to Pay Medical Expenses (Rule 409)

Answer 10

Offers to pay medical expenses are inadmissible

Admissions made during offer are severed (admissible)

Question 11

Victim’s sexual behavior or predisposition

Answer 11

In any civil or criminal proceeding involving alleged sexual misconduct, reputation, and opinion evidence is generally inadmissible to prove:

1. that a victim engaged in other sexual behavior; or
2. a victim’s sexual predisposition

Question 12

When are specific instances of a victim’s sexual behavior admissible?

Answer 12

1. If offered to prove that someone other than ∆ was the source of semen, injury, or other physical evidence;
2. With respect to the person accused of the sexual misconduct, if offered by ∆ to prove consent, or if offered by prosection; and
3. exclusion of the evidenc would violate ∆’s constitutional rights

Question 13

In a civil case, when can evidence of victim’s sexualy behavior & predispostion be admitted?

Answer 13

If its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party

Question 14

If ∆ is accused of child molestation

Answer 14

Criminal case

• Court may admit evidence that the defendant committed any other child molestation

Civil case

• Court may admit evidence that the party committed any other sexual assault or child molestation

Question 15

Evidence of sexual assault

Answer 15

Court may admit evidence that ∆ committed any other sexual assault

Question 16

In civi