2008 edition - Fort Sam Houston - U.S. Army

M.R.E. 406
is relevant to prove that the conduct of the person or
organization on a particular occasion was in conformity
with the habit or routine practice.
Rule 407. Subsequent remedial measures
When, after an injury or harm allegedly caused by
an event, measures are taken that, if taken previously,
would have made the injury or harm less likely
to occur, evidence of the subsequent measures is not
admissible to prove negligence, culpable conduct, a
defect in a product, a defect in a product’s design, or
a need for a warning or instruction. This rule does
not require the exclusion of evidence of subsequent
measures when offered for another purpose, such as
proving ownership, control, or feasibility of precautionary
measures, if controverted, or impeachment.
Rule 408. Compromise and offer to
compromise
Evidence of (1) furnishing or offering or promising
to furnish, or (2) accepting or offering or promi
s i n g t o a c c e p t , a v a l u a b l e c o n s i d e r a t i o n i n
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,
negating a contention of undue delay, or proving
an effort to obstruct a criminal investigation or
prosecution.
Rule 409. Payment of medical and similar
expenses
Evidence of furnishing or offering or promising to
p a y m e d i c a l , h o s p i t a l , o r s i m i l a r e x p e n s e s o c c a -
sioned by an injury is not admissible to prove liability
for the injury.
Rule 410. Inadmissibility of pleas, plea
discussions, and related statements
(a) In general. Except as otherwise provided in this
rule, evidence of the following is not admissible in
III-20
a n y c o u r t - m a r t i a l p r o c e e d i n g a g a i n s t t h e a c c u s e d
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(1) a plea of guilty which was later withdrawn;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;
(3) any statement made in the course of any judicial
inquiry regarding either of the foregoing pleas;
or
(4) any statement made in the course of plea discussions
with the convening authority, staff judge
advocate, trial counsel or other counsel for the Government
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 (i) in any
proceeding where in 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, or (ii) in a
court-martial proceedings for perjury or false statement
if the statement was made by the accused
under oath, on the record and in the presence of
counsel.
(b) Definitions. A “statement made in the course of
plea discussions” includes a statement made by the
accused solely for the purpose of requesting disposition
under an authorized procedure for administrative
action in lieu of trial by court-martial; “on the
record” includes the written statement submitted by
the accused in furtherance of such request.
Rule 411. Liability insurance
Evidence that a person was or was not insured
against liability is not admissible upon the issue
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,
o w n e r s h i p , o r c o n t r o l , o r b i a s o r p r e j u d i c e o f a
witness.
Rule 412. Sex offense cases; relevance of
alleged victim’s sexual behavior or sexual
predisposition
(a) Evidence generally inadmissible. The following
evidence is not admissible in any proceeding involving
an alleged sexual offense except as provided in
subdivisions (b) and (c):