Rule 2:408 Compromise Offers and Conduct or Statements During Negotiations
Article IV: Relevancy, Policy, and Character Trait Proof
Rule Text
(a) Prohibited Uses. Evidence of the following is not admissible on behalf of any party in a civil case – 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 any statements made during compromise negotiations about the claim.
(b) Exceptions. The court may admit such evidence for another purpose, such as proving a witness’s bias or prejudice or negating a contention of undue delay.
(c) Pre-existing documents or physical evidence. Otherwise admissible evidence that existed prior to the commencement of compromise negotiations, including pre-existing documents or electronic communications, is not excludable under this Rule merely because such evidence was disclosed, produced, or discussed by a party during such negotiations.
Amendment history: Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last updated by Order dated October 30, 2015; effective July 1, 2016.