Compromise Offers and Negotiations

Indiana Rules of Evidence

Rule: 408

Jurisdiction: IN

Bluebook Citation: Ind. R. Evid. 408

Effective January 1, 2014 (a) Prohibited Uses. Evidence of the following is not admissible on behalf of any party either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction: (1) furnishing, promising, or offering, or accepting, promising to accept, or offering to accept a valuable consideration in order to compromise the claim; and (2) conduct or a statement made during compromise negotiations about the claim. Compromise negotiations include alternative dispute resolution. (b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

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