View - State of Iowa

Ch 5, p.4 EVIDENCE July 2009
in compromising or attempting to compromise a claim which was disputed as to either validity or
amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of
conduct or statements made in compromise negotiations is likewise not admissible. This rule does
not require the exclusion of any evidence otherwise discoverable merely because it is presented in
the course of compromise negotiations. This rule also does not require exclusion when the evidence
is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention
of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
[Report 1983; November 9, 2001, effective February 15, 2002]
Rule 5.409 Payment of expenses. Evidence of furnishing or offering or promising to pay expenses
occasioned by an injury is not admissible to prove liability for the injury.
[Report 1983; November 9, 2001, effective February 15, 2002]
Rule 5.410 Inadmissibility of pleas, plea discussions, and related statements. Except as
otherwise provided in this rule or Iowa R. Crim. P. 2.10(5), evidence of the following is not, in any
civil or criminal proceeding, admissible against the defendant who made the plea or was a participant
in the plea discussions:
(1) A plea of guilty which was later withdrawn.
(2) A plea of nolo contendere in a federal court or criminal proceeding in another state.
(3) Any statement made in the course of any proceedings under Fed. R. Crim. P. 11, Iowa R.
Crim. P. 2.10, or comparable procedure in other states regarding either of the foregoing pleas.
(4) Any statement made in the course of plea discussions with an attorney for the prosecuting
authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.
However, such a statement is admissible under either of the following circumstances:
(i) In any proceeding wherein another statement made in the course of the same plea or plea
discussions has been introduced and the statement ought in fairness be considered contemporaneously
with it.
(ii) In a criminal proceeding for perjury or false statement if the statement was made by the
defendant under oath, on the record and in the presence of counsel.
[Report 1983; July 31, 1987, effective October 1, 1987; November 9, 2001, effective February 15, 2002]
Rule 5.411 Liability insurance. Evidence that a person was or was not insured against liability is
not admissible upon the issue of whether the person acted negligently or otherwise wrongfully. This
rule does not require the exclusion of evidence of insurance against liability when offered for another
purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.
[Report 1983; November 9, 2001, effective February 15, 2002]
Rule 5.412 Sexual abuse cases; relevance of victim’s past behavior.
a. Notwithstanding any other provision of law, in a criminal case in which a person is accused of
sexual abuse, reputation or opinion evidence of the past sexual behavior of an alleged victim of such
sexual abuse is not admissible.
b. Notwithstanding any other provision of law, in a criminal case in which a person is accused of
sexual abuse, evidence of a victim’s past sexual behavior other than reputation or opinion evidence
is also not admissible, unless such evidence is either of the following:
(1) Admitted in accordance with rules 5.412(c)(1) and 5.412(c)(2) and is constitutionally required
to be admitted.
(2) Admitted in accordance with rule 5.412(c) and is evidence of either of the following:
(A) Past sexual behavior with persons other than the accused, offered by the accused upon the
issue of whether the accused was or was not, with respect to the alleged victim, the source of semen
or injury.
(B) Past sexual behavior with the accused and is offered by the accused upon the issue of whether
the alleged victim consented to the sexual behavior with respect to which sexual abuse is alleged.
c. (1) If the person accused of sexual abuse intends to offer under rule 5.412(b) evidence of
specific instances of the alleged victim’s past sexual behavior, the accused shall make a written motion
to offer such evidence not later than 15 days before the date on which the trial in which such evidence
is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later
date, including during trial, if the court determines either that the evidence is newly discovered and
could not have been obtained earlier through the exercise of due diligence or that the issue to which