0811

Did you try to save all the testimony or only part of it? Be specific as to what part of the evidence you think is admissible.

I would concede that most of the evidence is excluded by Rule 409, but argue that the statement “I’m really sorry” and the opinion that the cabs were too far back are admissible. Rule 409 does not exclude statements other than offers to pay, even if they are related to those offers.

Questions? Email tanford@indiana.edu and refer to 811.

Also closely related to Rule 408 is Rule 410. Offers to compromise in a criminal case. There are two important differences, however.

(1) An offer to plea bargain must have been made to a prosecuting attorney to fall under the rule. Rule 408 is broader. The offer to compromise may have been made to anyone.

(2) The offer to plea bargain falls within the rule whether or not the defendant disputes the validity of the charges. Rule 408 is narrower. The offer to compromise must flow from a dispute over the validity or amount of the claim.

Finally, Rule 411. Look at part five of the problem. If Caterpillar objects to evidence of insurance under Rule 411, what response can Romano’s attorney make? When you think you have the answer, click here.