0802

I would say:

"I object to evidence that a repair was made to the bulldozer. It is a subsequent remedial measure, which is not admissible under Rule 407."

Note that because the rule makes such evidence presumptively inadmissible, the attorney making the objection does not have to negate each of the exceptions. Orderly objection procedure for rules containing exceptions is that the objecting attorney states the rule, and then the responding attorney argues that it fits one of the exceptions. The objecting attorney may then respond with an argument about the applicability of one of the exceptions.

Questions? E-mail tanford@indiana.edu and refer to 0802.

The problem gives us two defendants, Hart Construction and Caterpillar Inc. If Hart’s attorney objected under Rule 407, what is the plaintiff's best response? When you think you know the answer, click here.