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Rule 408.     Compromise Offersand Negotiations

 

(a)   Prohibited Uses. Evidence of the following is notadmissible either to prove or disprove liability for or the validity or amountof a disputed claim:

 

(1)   furnishing, promising, or offering —or accepting, promising to accept, or offering to accept — a valuableconsideration in order to compromise or attempt to compromise the claim; and

 

(2)   conduct or a statement made incompromise negotiations.

 

(b)   Exceptions.

 

(1)   The court may admitthis evidence for another purpose, such as proving a witness’s bias orprejudice, negating a contention of undue delay, or proving an effort toobstruct a criminal investigation or prosecution.

 

(2)   The court is notrequired to exclude evidence otherwise discoverable merely because it ispresented in the course of compromise negotiations.

 

 

2011 Advisory Committee Note. – The language of this rule has beenamended as part of the restyling of the Evidence Rules to make them more easilyunderstood and to make style and terminology consistent throughout the rules.These changes are intended to be stylistic only. There is no intent to changeany result in any ruling on evidence admissibility.

 

ADVISORY COMMITTEE NOTE

 

This rule is the federal rule,verbatim, and is comparable to Rules 52 and 53, Utah Rules of Evidence (1971)but is broader to the extent that it excludes statements made in the course ofnegotiations.