This article addresses the admissibility of settlement offers and settlement discussions under FRE 408. It discusses the requirement that the claim must be disputed and a party must intend to make an offer of compromise. The rule applies to settlements with third parties and also to criminal cases.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-58; GWU Legal Studies Research Paper No. 2018-58
Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §4.25 Civil Settlement Offers Generally Excluded (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §4.25 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-58; GWU Legal Studies Research Paper No. 2018-58. Available at SSRN: https://ssrn.com/abstract=3275026