Specialized Relevance Rules (Rules 407-411)

Introduction

• Specialized Relevance: These rules govern evidence that, by law, fail the 403 balancing test.
• Objective:
  1. Explain how these rules are determined as special cases departing from the 403 test.
  2. Briefly mention each of the five specific rules.
  3. Highlight the limited exclusion nature of these rules.

Key Points

1. Purpose of Specialized Rules

• Developed due to evidence with:
  • Low probative value
  • High potential for prejudice
• Resulted in the creation of specialized rules by Congress and the Advisory Committee.

2. Overview of Rules

• Mnemonic Device: SAPPI (S-A-P-P-I)

Rule 407: Subsequent Remedial Measures

• Restricts evidence related to later safety measures or changes made after an incident.

Rule 408: Attempts to Compromise

• Pertains to statements or conduct during compromise negotiations about a disputed claim.

Rule 409: Payment of Medical Expenses

• Concerns evidence of paying or offering to pay for medical expenses related to an injury.

Rule 410: Plea Bargains

• Governs plea discussions and is a rule of broad exclusion.

Rule 411: Insurance

• Relates to the use of liability insurance or the absence thereof in legal proceedings.

3. Nature of Exclusion

• Limited Exclusion (4 of 5 rules):
  • Evidence is banned only for specific purposes.
  • If intended for a different valid purpose, evidence is allowed and subject to Rule 403.
• Broad Exclusion (Rule 410):
  • More comprehensive in scope, mainly dealing with plea bargains.

Conclusion

• These rules were created to handle evidence with low probative value and potential prejudice, customizing the admissibility criteria.
• Focus on Rule 410 will be elaborated further in subsequent modules.