Rule 409. Offers to Pay Medical and Similar Expenses

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.

2016 NHRE Update Committee Note

The amendments made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic and substantive changes to the rule.

The amendments deleted the last sentence of the rule. The sentence read, “Any such payments shall, however, constitute a credit against and be deducted from any final settlement made or judgment rendered with respect to such injury which does not expressly provide to the contrary.” The sentence was not included in the original federal rule, but was included in the New Hampshire Rule adopted in 1985. It was deleted in 2016 because it deals with substantive law, not evidence.