Are subsequent remedial measures admissible?

Under the Federal Rules of Evidence, although subsequent remedial measures cannot be used to prove a party’s wrongdoing or culpable conduct, evidence of a subsequent remedial measure can be admissible for some other relevant purpose, such as to prove ownership, or control, or that it was possible to have prevented the …

Are subsequent remedial measures discoverable in Texas?

Evidence of subsequent remedial measures is generally not admissible or discoverable unless it is being used to prove something other than negligence, such as whether a party had control over or maintained a location where an injury occurred. See Hughes v.

What is meant by subsequent remedial measures?

Subsequent remedial measures. In a civil case, when, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event.

Why are remedial measures taken not admissible to show negligence?

When, after the occurrence of an event, remedial or precautionary measures are taken, which, if taken previously, would have tended to make the event less likely to occur, evidence of such subsequent measures is inadmissible to prove negligence or culpable conduct in connection with the event.

Is a recall a subsequent remedial measure?

Therefore, the district court correctly identified the recall notices as subsequent remedial measures under Rule 407.” Id. at 106 (emphasis added). Other product liability cases have also properly excluded product recalls as subsequent remedial measures under Rule 407.

In what grounds can a witness be impeached?

Under common law, a witness may be impeached by proof the witness has contradicted him- or herself through evidence of prior acts or statements that are inconsistent with testimony given on direct examination.

What are remedial measures?

Remedial Measures means any measures or actions required or undertaken to investigate, monitor, clean up, remove, treat, prevent, contain or otherwise remediate the presence or Release of any Hazardous Substance.

How do you prove a witness is lying?

Bring up contradictory statements the witness said in a deposition. The most common way to prove a witness’s testimony is false is through a deposition, which is an interview under oath, usually conducted by attorneys. Depositions are rare in family court proceedings.

How do you impeach a witness in Texas?

Additionally, the party seeking to impeach the witness must allow the witness to admit or deny making the prior statement”). Thus, you’ve got to ask the question, ask if the witness has testified differently, and then and only then can you rub the witness’ nose in his prior deposition.