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ARTICLE IV. RELEVANCY AND ITS LIMITS

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Rule 404
Rule 405
Rule 406
Rule 407
Rule 408
Rule 409
Rule 410
Rule 411
Rule 413
Rule 414
Rule 415
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 408. Compromise and Offers to Compromise [changes highlighted]

Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, [a valuable ]consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of [the ]any claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible in any civil or criminal proceeding. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. A party may not call or examine a witness on a matter primarily for the purpose of impeachment with evidence of compromise or offer of compromise.

Click here to see commentary on Revised Article 408.

Revised Rule 408. Compromise and Offers to Compromise [clean copy]

Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of any claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible in any civil or criminal proceeding. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. A party may not call or examine a witness on a matter primarily for the purpose of impeachment with evidence of compromise or offer of compromise.

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