§ 15.02 Rationale

• Jurisdiction: North Carolina

§ 15.02 Rationale

The policy underlying Rule 409 is straightforward—exclusion is based on the belief that "such payment or offer is usually made from humane impulses and not from an admission of liability, and that to hold otherwise would tend to discourage assistance to the injured person."²

Unlike Rule 408, which governs settlement offers, Rule 409 does not exclude statements that may accompany the payment of medical expenses. "This difference in treatment arises from fundamental differences in nature. Communication is essential if compromises are to be effected, and consequently broad protection of statements is needed. This is not so in cases of payments or offers or promises to pay medical expenses, where factual statements may be expected to be incidental in nature."³ Rules 408 and 409 also differ in another respect; there need not be a "dispute" for Rule 409 to apply.

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Notes:

^[2] Fed. R. Evid. 409 advisory committee's note (quoting Annot...