Under Rule 408(a)(2), is it correct that the court may admit evidence from compromise negotiations for purposes such as proving a witness's bias or prejudice?

Under Rule 408(a)(2), is it correct that the court may admit evidence from compromise negotiations for purposes such as proving a witness's bias or prejudice?

• A. True
• B. False; only for impeaching the witness
• C. False; it cannot be used for bias
• D. False; it may only be used to show that negotiations occurred

Answer: (A)

The principle at work is that evidence from settlement negotiations is generally not admissible to prove liability or the amount of a claim, but there is a narrow exception that allows use for other purposes, such as showing a witness’s bias or prejudice. Under Rule 408(a)(2), the court may admit such evidence to demonstrate that a witness is biased or prejudiced, which is a valid reason to assess credibility. This keeps settlement talks confidential and encourages settlements, while still permitting the fact-finder to consider motivations that might affect a witness’s testimony. The evidence cannot be used to prove liability or the value of the claim, but it can be used to question a witness’s impartiality.

The principle at work is that evidence from settlement negotiations is generally not admissible to prove liability or the amount of a claim, but there is a narrow exception that allows use for other purposes, such as showing a witness’s bias or prejudice. Under Rule 408(a)(2), the court may admit such evidence to demonstrate that a witness is biased or prejudiced, which is a valid reason to assess credibility. This keeps settlement talks confidential and encourages settlements, while still permitting the fact-finder to consider motivations that might affect a witness’s testimony. The evidence cannot be used to prove liability or the value of the claim, but it can be used to question a witness’s impartiality.