Rule 5-407 - Subsequent Remedial Measures(a)In General. When, after an event, measures are taken which, if in effect at the time of the event, 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.(b)Admissibility for Other Purposes. This Rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as (1) impeachment or (2) if controverted, ownership, control, or feasibility of precautionary measures. This Rule is derived from F.R.Ev. 407.
Adopted Dec. 15, 1993, eff. 7/1/1994. Amended Nov. 12, 2003, eff. 1/1/2004.HISTORICAL NOTES
2003 Orders
The November 12, 2003, order rewrote section (b), which previously read:
"(b) Admissibility for Other Purposes. 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."