MBE Rules · Evidence
Compromise offers and negotiations
FRE 408
The rule
Offers to compromise a disputed claim, AND conduct or statements made during compromise negotiations, are inadmissible to prove liability, invalidity, or amount of the claim. Admissible for impeachment in some cases (bias) or for other purposes.
In plain English
If someone tries to settle a dispute, what they say or offer during those talks can't be used in court to prove who's right or wrong about the issue.
Worked example
During a car accident settlement talk, the defendant offers $5,000. Later, in court, the plaintiff can't use this offer to prove the defendant was at fault.
Memory hook
Compromise Chat: Not for Court Combat. Settlement talks shield liability but can reveal bias.
The trap
Students think: All negotiation evidence is banned. Wrong, because it can show bias or other purposes. The actual test is if it's used to prove liability or invalidity.
How examiners test it
The MBE loves: settlement talks over disputed claim. Question: admissible? Trap: assuming all inadmissible. Key: admissible if proving bias, not liability.
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