Relevance

Past Conduct of Victims of Certain Crimes

Past Conduct of Victims of Certain Crimes

Evidence of the past sexual conduct of a victim of alleged criminal sexual conduct is admissible in very limited circumstances.  Minnesota Rule of Evidence 412 and Minnesota Statute § 609.347 are the result of many years of debate and analysis regarding the appropriate use of this type of evidence. The Rule and the statute continue to use slightly different language and clauses, and some uncertainty remains as to which should control...

Read More

Liability Insurance

Liability Insurance

Evidence of the possession or lack of liability insurance is not admissible on the issue of negligence or wrongful conduct.  Minnesota Rule of Evidence 411.  Evidence of insurance may be offered for another purpose, such as to show bias, ownership, or control. Id. (photo:...

Read More

Settlement Negotiations and Pleas

Settlement Negotiations and Pleas

Evidence of offers, conduct or statements made during settlement negotiations regarding a claim that is disputed as to validity or amount are not admissible to prove liability or invalidity of the claim or its amount.  Minnesota Rule of Evidence 408.  Evidence that is otherwise discoverable is not excluded under Rule 408 simply because it was revealed during settlement negotiations.  Id.  Settlement negotiations may be admissible on a point...

Read More

Subsequent Remedial Measures

Subsequent Remedial Measures

Action taken after an injury which might have made the injury less likely is generally not admissible to show fault or product defect.  Minnesota Rule of Evidence 407. This rule of exclusion applies in negligence, warranty, and strict liability cases.  Minnesota Rule of Evidence 407, Advisory Committee Comment – 2006 Amendments. Rule 407 does not exclude evidence of subsequent remedial measures when offered to show ownership, control,...

Read More

Evidence of Habit

Evidence of Habit

As alluded to in a previous post, evidence of a person’s habit (or an organization’s routine practice) is considered separately from character evidence.  Where character evidence is a generalized description of one’s disposition, habit is a regular response to a repeated, specific situation. Minnesota Rule of Evidence 406, Advisory Committee Comment. Questions used to determine whether particular behavior qualifies as a habit...

Read More

Relevance and the Rule 403 Analysis

Relevance and the Rule 403 Analysis

We’re going back to basics today, examining relevance and the analysis necessary when certain evidence has potential prejudicial value. According to Minnesota Rule of Evidence 401, “relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.  However, not all relevant...

Read More