Public Policy Exclusions

Question 1

Liability insurance

Answer 1

Inadmissible to prove the person’s fault or absence of fault, but admissible to prove ownership/control or impeachment of a witness.

Question 2

Subsequent remedial measures

Answer 2

Inadmissible for the purpose of proving negligence, culpable conduct, product defect, or need for warning; but admissible for proof of ownership/control or feasibility of safer condition.

Question 3

Settlements in civil cases/statements of fact made in the course of settlement discussions

Answer 3

Inadmissible to prove liability or impeach through prior inconsistent statement or contradiction but admissible for purposes of impeaching a witness on the ground of bias.

Question 4

When does the exclusionary rule apply in terms of settlements in civil cases?

Answer 4

Only if there is a claim that is disputed either as to (1) validity or (2) amount of damages.

Question 5

Is an offer to plead guilty admissible?

Answer 5

No.

Question 6

is a withdrawn guilty plea admissible?

Answer 6

No.

Question 7

Is a plea of nolo contendere admissible?

Answer 7

No.

Question 8

Is a statement of fact made during plea discussions in criminal cases admissible?

Answer 8

No.

Question 9

Is a sustained plea of guilty admissible?

Answer 9

Yes.

Question 10

Offer to pay medical or hospital expenses

Answer 10

Inadmissible to prove liability.