Evidence Policy Exclusions

Front 1

Legal Relevance, Policy Exclusions

Back 1

Certain evidence of questionable relevance is excluded by the evidence rules because public policy favors the behaviors involved. Those include (1) Liability Insurance, (2) Subsequent Remedial Measures or Repairs (3) Settlements, offers to settle and pleas (4) Payment of or offers to pay medical expenses AND IN CALIFORNIA (5) Expressions of Sympathy in Civil Case

Front 2

Legal Relevance, Policy Exclusions, Liability Insurance

Back 2

evidence is inadmissible to prove culpable conduct like negligence or a defendant’s ability to pay a judgment. Exceptions—anything else, such as bias, ownership or control, or scope of employment

Front 3

Legal Relevance, Policy Exclusions, Subsequent Remedial Measures or Repairs

Back 3

evidence is inadmissible to prove culpable conduct and, in a products design liability action, is inadmissible to prove defective product design. California—evidence IS admissible to prove defective product design. Exceptions—anything else (if fact is disputed), such as feasibility of repairs, ownership or control. Also for Impeachment: e.g. Δ says there was no feasible precaution (but not if he just generally says it was safe).

Front 4

Legal Relevance, Policy Exclusions, Settlements, offers to settle and pleas

Back 4

Depends on Civil or Criminal

Front 5

Legal Relevance, Policy Exclusions, Settlements, offers to settle and pleas, Civil

Back 5

In a CIVIL CASE, evidence of settlements, offers to settle, and related statements are inadmissible to prove liability or fault. California—Mediation discussions are also excluded.

Front 6

Legal Relevance, Policy Exclusions, Settlements, offers to settle and pleas, Criminal

Back 6

In a CRIMINAL CASE, pleas later withdrawn, offers to plea and related statements are in admissible to prove guilt (and nolo). Exceptions—there must have been a case filed, statements before then may be admissible. Also, there must be a dispute as to liability or damages.

Front 7

Legal Relevance, Policy Exclusions, Payment of or offers to pay medical expenses

Back 7

Evidence of offers to pay or payments made is inadmissible when offered to prove liability for the injuries in question.

Front 8

Legal Relevance, Policy Exclusions, Payment of or offers to pay medical expenses, Related Statements

Back 8

Federal: Related statements are ADMISSIBLE. California: related statements INADMISSIBLE. Compare to Settlement Offer (both CEC and FRE): NOT ADMISSIBLE.

Front 9

Legal Relevance, Policy Exclusions, Expressions of Sympathy in Civil Case

Back 9

CA ONLY. Expressions of sympathy NOT admissible, BUT Statements of fault made in connection with expressions of sympathy related to suffering or death are admissible.