Section IV · Relevancy and Its Limits

Rule 407. Subsequent remedial measures

2024 Manual for Courts-Martial, United States

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(a) When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:
(1) negligence;
(2) culpable conduct;
(3) a defect in a product or its design; or
(4) a need for a warning or instruction.
(b) The military judge may admit this evidence for another purpose, such as impeachment or - if disputed - proving ownership, control, or the feasibility of precautionary measures.