Intro to the Federal Rules of Evidence - 17

5. Liability insurance (FRE 411)

a. Rationale
i) Irrelevant
ii) Jury bias
It affects the regret matrix – a juror who knows that a D was insured may feel less regret at mistakenly holding D liable than she would if she thought the D himself would have to pay for the harm.

b. Inadmissible
Such evidence is inadmissible to show negligence or otherwise wrongdoing or to show ability to pay.

c. Admissible
It is admissible to prove ownership, control, bias of a witness.

Intro to the Federal Rules of Evidence - 16

4. Withdrawn Guilty pleas, plea discussions, and related statements (FRE 410)

a. Rationale
Low probative value & encouraging plea bargain

b. Types of statement
i) withdrawn plea of guilty, ii) a plea of nolo contendere, iii) statements made during certain proceedings.
Virtually all of the evidence covered by FRE 410 would be admissible as an admission of a party opponent in the absence of FRE 410. See FRE 801(d)(2)(A).

c. Applicable in civil and criminal cases

d. Exceptions admissible
i) the rule of completeness
ii) perjury & false statement prosecution

Intro to the Federal Rules of Evidence - 15

3. Medical payments (FRE 409)

a. Inadmissible
Evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses is inadmissible if offered to prove liability for the injury. However, if offered for some other purpose, the rule doe not apply.

b. Rationale
To encourage assistance to an injured person (the Good Samaritan rule)

c. Comparison with FRE 408 & 410
Only the fact of the payment of medical expenses is excluded. Other admissions of fact are not excluded.