Evidence Outline


Payment of Medical Expenses - § 409



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3. Payment of Medical Expenses - § 409

  • Rule:

    • § 409: Evidence of paying of offering to pay medical expenses not admissible to prove liability.

    • rationale: don’t deter D’s payment in goodwill.

  • N.B. 409 only protects the offer and payment, not any collateral statements.

    • Eg, “I’m sorry I ran the light, can I pay your bills?” 409 only protects the second half. The first half is admissible as an admission.


4. Guilty Plea Negotiations - § 410

  • Rules:

    • § 410: withdrawn guilty plea or statements made in guilty plea negotiations not admissible against the D.

    • rationale: same as 408.

    • BUT: P can contract around this using Mezzanatto agreements, which get the D to sign a waiver of 410 as a sign of good faith as a condition for entering into plea negotiations.

      • held enforceable by Supreme Court.

      • must be voluntary, no coercion, in writing.

  • Rmks:

    • 1) can’t use these statements for impeachment purposes (as well as inference of guilt).

    • 2) Unclear whether D can waive all his rights under 410, and allow statements made to be used against him for any purpose.

      • Some courts have held these stronger agreements enforceable. Burch.

    • 3) split in circuits as to whether the D can use plea negotiation statement against the P.

      • eg, P said D was not the head guy when negotiating for plea, but later claims him mastermind at trial.

      • letter of the rule doesn’t protect P, but spirit of encouraging negotiation does.

5. Evidence of Insurance in Tort Cases - § 411



  • Rule:

    • § 411: Evidence of liability insurance not admissible for inference of negligence.

    • rationale: not very probative, but prejudicial. Want to encourage insurance.

    • exceptions: proper purposes like control, ownership, bias of a witness.

II. Character Evidence


A. In General - § 404, 405
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