Compromise Offers and Negotiations

(a) Prohibited Uses. Evidence of the following is not admissible either to prove or disprove the validity or amount of a disputed claim: (1) furnishing, promising, or offering – or accepting, promising to accept, or offering to accept – a valuable consideration in compromising or attempting to compromise the claim; and (2) conduct or a statement made during compromise negotiations about the claim. (b) Exceptions. (1) 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. (2) This rule does not apply to otherwise discoverable evidence presented during compromise negotiations. [Restyled effective July 1, 2016.] Advisory Committee Historical Note Effective July 1, 2016, the Rule was amended as part of the general restyling of the Evidence Rules. Effective June 16, 2016, the “Comment” was retitled “Advisory Committee Note.” Advisory Committee Note The language of Rule 408 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. The Rule has been restructured, adding subdivisions and additional paragraphs. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.