Compromise Offers and Negotiations

Federal Rules of Evidence

Rule: 408

Jurisdiction: US

Bluebook Citation: Fed. R. Evid. 408

(a) PROHIBITED USES. Evidence of the following is not admissi- ble—on behalf of any party—either to prove or disprove the valid- ity or amount of a disputed claim or to impeach by a prior incon- sistent statement or a contradiction: (1) furnishing, promising, or offering—or accepting, promis- ing 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 negotia- tions about the claim—except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority. (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. (As amended Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2011, eff. Dec. 1, 2011.)

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