(a) Subsequent remedial or preventive measures. — Evidence of remedial or preventive measures that are taken after the occurrence of an event which, if taken previously, would have tended to make the event less likely to occur shall be inadmissible to prove negligence or culpable conduct in connection with the event. This does not preclude the admissibility of such evidence for other pertinent purposes, such as to establish ownership or control of a property, or for purposes of a challenge.
(b) Settlement. — Evidence of settlement or offers to settle an offense or a statement made or conduct manifested during the course of the settlement negotiations with respect to misdemeanors that may be subject to compromise by law shall not be admissible in criminal or civil procedures.
(1) Civil action. — The following evidence shall not be admissible to prove liability or to prove that the claim or part thereof lacks validity:
(A) That a person has furnished, offered or promised to furnish money or any other thing of value in settling an action;
(B) that a person has accepted, offered or promised to accept money or any other thing of value to settle an action, or
(C) any conduct manifested or statements made during the course of the settlement negotiations.
(2) Criminal action. — In criminal action, evidence is inadmissible on settlements or offers to settle or on statements made or conduct manifested during the course of the negotiations to end a civil action, based on the same facts that are the grounds for the criminal proceeding, provided that the statements were not made for purposes of obstructing the criminal procedure.
This rule does not preclude this type of evidence from being admissible when offered for any other purpose, such as to prove prejudice or interest on part of a witness or to deny an undue delay action.
(c) Payment and offer of payment of medical expenses. — Evidence of furnishing and offering or promising to pay medical, hospital or similar expenses caused by an injury is not admissible to prove liability for the injury.
(d) Plea of guilty. — Evidence of the following shall not be admissible in a criminal, civil or administrative procedure:
(1) A plea of guilty that is subsequently withdrawn, or
(2) a plea bargaining, its terms or conditions, details and pertaining conversations, if said plea have been rejected by the court, nullified in any subsequent recourse or validly withdrawn.
This Rule does not preclude the admissibility of this type of evidence in a criminal proceeding for perjury against the person accused, based upon statements made during the bargaining under oath and assisted by legal counsel.
(e) Initial Liability Determination System. — Traffic accident liability adjudicated by using diagrams prescribed in the Initial Liability Determination System adopted under §§ 8051 et seq. of Title 26, shall not be admissible in any criminal, civil or administrative action arising from the particular facts of the accident at issue.
However, any amount paid on account of liability adjudicated as a result of the use of said diagrams in the claim arising from said traffic accident shall be admissible to the sole effect of crediting such amount to any additional amount awarded inside or outside the court system to any of the parties involved in said action. Subject to the provisions of this rule and with the exception of administrative or criminal actions brought about by filing false or fraudulent claims, the friendly car accident report filled out, signed and submitted to an insurer or authorized representative thereof by the parties involved in a traffic accident, shall not be admissible either as evidence in any civil, criminal or administrative action.
History —Rules of Evidence, 1979; Jan. 19, 1998, No. 36, § 1; Sept. 29, 2004, No. 506, § 1.