Proposed Rules ArchivesER 408 - Compromise and Offers to Compromise
GR 9 COVER SHEET
Submitted by the Board of Governors of the Washington State Bar Association
Purpose: In 2005, the Supreme Court held that evidence of negotiations or compromise between a criminal defendant and a victim in efforts to compromise a potential civil claim is admissible in the criminal trial of the defendant, on grounds that ER 408 does not apply in criminal trials. See State v. O’Connor, 155 Wn.2d 335, 119 P.3d 806 (2005). The intent of this suggested amendment is to codify the O’Connor decision. A companion amendment to ER 410 also responds to the O’Connor decision.
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