Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE
Section 400.685 - Compromise Offers; Offers of Reimbursement; Pleas
Universal Citation: 95 IL Admin Code ยง 400.685
Current through Register Vol. 48, No. 12, March 22, 2024
a) Compromise
1) Prohibited Uses of Evidence. Evidence of
the following is not admissible on behalf of any party, when offered to prove
liability for, invalidity of, or amount of, a claim that was disputed as to
validity or amount, or to impeach through a prior inconsistent statement or
contradiction:
A) Furnishing, offering or
promising to furnish, or accepting, offering or promising to accept, a valuable
consideration in compromising or attempting to compromise the claim;
and
B) Conduct or statements made
in the compromise negotiations regarding the claim.
2) Permitted Uses of Evidence
A) This Section:
i) does not require the exclusion of evidence
otherwise discoverable merely because it is presented in the course of
settlement negotiations; and
ii)
does not require exclusion if the evidence is offered for purposes not
prohibited by subsection (a)(1).
B) Examples of permissible purposes include
proving a witness' bias or prejudice; negating an assertion of undue delay;
establishing bad faith and proving an effort to obstruct a criminal
investigation or prosecution. (Il. Mil. R. Evid. 408)
b) Offers to Pay Medical and Similar Expenses
In addition to the provisions of Section 8-1901 of the Code of Civil Procedure, evidence of furnishing, promising to pay, or offering to pay medical, hospital or similar expenses resulting from an injury is not admissible to prove liability for the injury. (Il. Mil. R. Evid. 409)
c) Pleas, Plea Discussions and Related Statements
1) Definitions
A) "Statement Made in the Course of Plea
Discussions" means a statement made by the accused solely for the purpose of
requesting disposition under an authorized procedure for administrative action
in lieu of trial by court-martial.
B) "On the Record" means the written
statement submitted by the accused in furtherance of a request for
disposition.
2) Except
as otherwise provided in this Section, evidence of the following is not
admissible in any court-martial proceeding against the accused who made the
plea or was a participant in the plea discussions:
A) a plea of guilty that was later
withdrawn;
B) a plea of nolo
contendere;
C) any statement made
in the course of any judicial inquiry regarding either of the pleas is
subsections (c)(2)(A) and (B); or
D) any statement made in the course of plea
discussions with the convening authority, staff judge advocate, trial counsel
or other counsel for the government that do not result in a plea of guilty or
that result in a plea of guilty later withdrawn. However, such a statement is
admissible:
i) in any proceeding in which
another statement made in the course of the same plea or plea discussions has
been introduced and the statement should, in fairness, be considered
contemporaneously; or
ii) in a
court-martial proceeding for perjury or false statement if the statement was
made by the accused under oath, on the record and in the presence of counsel.
(Il. Mil. R. Evid. 410)
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