Compromise and Offers to Compromise

Evidence of (1) furnishing or offering or promising to furnish or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution, but exclusion is required where the sole purpose for offering the evidence is to impeach a party by showing a prior inconsistent statement. (Added by SCO 364 effective August 1, 1979; amended by SCO 1841 effective October 6, 2014) Note: Chapter 62, SLA 2014 (HB 250), effective October 6, 2014, enacted various changes, including a new section AS 09.55.544 restricting the evidence that is admissible in medical malpractice actions. According to section 2 of the Act, AS 09.55.544(a)(3), enacted by section 1 of the Act, has the effect of amending Evidence Rule 408 by modifying the admissibility of evidence of compromise and offers of compro- mise or settlement in a medical malpractice cause of action so that evidence of compromise or settlement in a medical mal- practice cause of action is not admissible for any purpose.