Rule 408 — Compromise Offers and Negotiations

Fed. R. Evid. 408

• Source: Federal Rules of Evidence
• Rule: 408
• ARTICLE IV: RELEVANCE AND ITS LIMITS
• Citation: Fed. R. Evid. 408

Text

(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.

Advisory Committee Notes

(As amended Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2011, eff. Dec. 1, 2011.)