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Rule 11-407 Subsequent remedial measures.

ARTICLE 4 Relevancy and Its Limits

When measures are taken by a defendant that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove the following: negligence; culpable conduct; a defect in a product or its design; or a need for a warning or instruction.

But the court may admit this evidence for another purpose, such as impeachment or – if disputed – proving ownership, control, or the feasibility of precautionary measures.

Amendment history: As amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012. Adopted by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.