ER 408
COMPROMISE AND OFFERS TO COMPROMISE
In a civil case, evidence of (1) furnishing or offering or promising to
furnish, or (2) accepting or offering or promising to accept a valuable
consideration in compromising or attempting to compromise a claim which was
disputed as to either validity or amount, is not admissible to prove liability
for or invalidity of the claim or its amount. Evidence of conduct or statements
made in compromise negotiations is likewise not admissible. This rule does not
require exclusion of any evidence otherwise discoverable merely because it is
presented in the course of compromise negotiations. This rule also does not
require exclusion when the evidence is offered for another purpose, such as
proving bias or prejudice of a witness, negating a contention of undue delay,
or proving an effort to obstruct a criminal investigation or prosecution.
[Adopted effective April 2, 1979; amended effective September 1, 2008]
Comment 408
[Deleted effective September 1, 2006.]
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