§ 15.03 Admissibility for Other Purposes

• Jurisdiction: United States

§ 15.03 Admissibility for Other Purposes

Unlike Rule 408, Rule 409 does not explicitly provide that evidence of medical payments may be admitted if offered for a purpose other than to prove liability. Unfortunately, the Advisory Committee's Note does not explain the omission. The few cases on the rule suggest that the rule does not preclude admissibility for another purpose.⁴Thus, if the evidence is offered to prove agency, ownership, control, or impeachment, the rule of exclusion does not apply. However, Rule 403 applies.

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Notes:

^[4] See Williams v. Mo. Pac. R.R., 11 F.3d 132, 135 (10th Cir. 1993) ("On retrial, to avoid possible confusion, the jury should be advised that past medical expenses, except for the $600.00 bill, have been paid and thus may not be estimated and added to the award. The jury may receive such information. See Fed.R.Evid. 409. Evidence of past medical expenses is inadmissible to prove liability, but liability will not be an issue on retrial [only damages]."); Savoie v. Otto Candies, Inc., 692 F.2d 363, 370 n.7 (5th Cir. 1982) ("Rule 409 only denies admissibility 'to prove liability for the injury.' Such evidence may be admissible to prove other facts, such as...