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Rule 408 Compromise Offers and Negotiations

(a) Prohibited uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or by contradiction:

(1) furnishing, promising, or offering — or accepting, promising 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 negotiations about the claim.

(b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, or negating a contention of undue delay.

REPORTER’S NOTE: For provisions relating to compromise of criminal charges in certain circumstances, see Chapter 341 of Title 5 of the Virgin Islands Code. New federal rule provisions dealing with linked administrative enforcement mechanisms and later criminal prosecutions for administrative violations were omitted as not pertinent to current Virgin Islands practice.