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Rule408.? Compromise Offers and Negotiations.

 

(a)   ProhibitedUses. Evidenceof the following is not admissible either to prove ordisprove liability for or the validity or amount of a disputed claim:

(a)(1)   furnishing, promising, or offering ? or accepting, promising toaccept, or offering to accept ? a valuable consideration in order to compromiseor attempt to compromise the claim; and

 

(a)(2)   conduct or a statement made incompromise negotiations.

 

(b)   Exceptions. 

(b)(1)   The court may admit this evidence for anotherpurpose, such as proving a witness?s bias or prejudice, negating a contentionof undue delay, or proving an effort to obstruct a criminal investigation orprosecution.

 

(b)(2)   The court is not required to exclude evidenceotherwise discoverable merely because it is presentedin the course of compromise negotiations.

 

 

2011Advisory Committee Note. The language of this rule has been amendedas 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. Thereis no intent to change any result in any ruling on evidence admissibility.

 

Original Advisory CommitteeNote.? This rule is the federal rule, verbatim, and is comparable toRules 52 and 53, Utah Rules of Evidence (1971) but is broader to the extentthat it excludes statements made in the course of negotiations.

 

 

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