§ 14.01 Introduction

• Jurisdiction: United States

§ 14.01 Introduction

Federal Rule 408 excludes evidence of compromises and offers to compromise when offered to prove or disprove the validity or amount of a disputed claim, or to impeach by a prior inconsistent statement or a contradiction. If the evidence is offered for some other purpose, however, the rule does not apply. Rule 408 also extends to statements made during settlement negotiations. A different provision, Rule 410, governs the admissibility of offers to plead guilty or "no contest" in criminal cases.¹

The trial court decides Rule 408 admissibility questions pursuant to Rule 104(a).²

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Notes:

^[1] See infra chapter 16 (criminal pleas and offers).

^[2] See Pierce v. F.R. Tripler & Co., 955 F.2d 820, 827 (2d Cir. 1992) ("Under Fed. R. Evid.104(a) preliminary factual questions concerning the admissibility of evidence, such as whether an offer was made in...