Browse Previous PageTable of ContentsBrowse Next Page


Rules of Evidence Table of Contents

RULES OF EVIDENCE

ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule 411. Liability Insurance

Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice or proving agency, ownership, or control.

2016 NHRE Update Committee Note

The 2016 amendment made stylistic and substantive changes to the rule.

The 2016 amendments deleted the phrase, “but only when the proof thereof cannot be reasonably obtained by other means and the trial court determines that its probative value substantially outweighs the danger of unfair prejudice.” This phrase was not included in the original Federal Rules of Evidence, but the phrase was included in the New Hampshire Rules of Evidence adopted in 1985 because at that time the mention of insurance was taboo. Today, there is a jury instruction regarding insurance, and the Committee believes that the mention of insurance is not as big a concern as it used to be.


Browse Previous PageTable of ContentsBrowse Next Page


Rules of Evidence Table of Contents