Rule 409 Offers to Pay Medical and Similar Expenses

Maine Restyling Note [November 2014]

Maine Rule 409 and Federal Rule 409 are substantively identical, and therefore the Advisory Committee recommends adoption of the language of the restyled Federal Rule.

Federal Advisory Committee Note

The language of Rule 409 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Advisers’ Note to former M.R. Evid. 409

(February 2, 1976)

This rule is generally in accord with Maine law. Lyle v. Bangor & Aroostook Ry., 150 Me. 327, 331, 110 A.2d 584, 587 (1954). The rule does not supersede or conflict in any way with 24-A M.R.S.A. § 2426, which provides that no payment on account of bodily injury or death or property damage shall constitute an admission of liability or waiver of defense, or be admissible in evidence in an action unless pleaded as a defense; and that any such payment shall be credited upon any settlement or judgment in an action against the payor or his insurer.