Evidence-Wellborn SU2006 Outline

rule 409 does not protect statements made in

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Unformatted text preview: er defendants... he's rooting for the plaintiff. You have to tell the jury about the settlement....need to know that it's really the plaintiff the defendant is representing (not the other way around) Applicability of Rule 408 in criminal cases Majority = you can't invoke Rule 408 in a criminal proceeding....Wellborn doesn't think this is the right view but whatever. Evidence of compromise or offers to compromise are admissible in criminal proceedings. In general 408 does apply in criminal cases, with 1 exception: statements made btw the accused in a regulatory agency- 408 does not apply: securities cases, tax cases, etc. Rule 409: Payment of Medical and Similar Expenses doesn't protect statements, only actions. McDonald's paying for everyone's funerals when a man went postal in a San Diego McDonald's is not admissible. But McDonald's conceding to payment of the medical expenses would be admissible?? Rule 409 does not protect statements made in connection with the payment or offer. Rule 410: Inad...
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