Evidence
Compromise
- Prohibited Uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim . . . .
- Exceptions. The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
This is a French rule.
Only the negotiation statements are excluded; the information can still be brought in by other evidence.
Only disputed claims are excluded. There has to be compromise/a demand of quid pro quo.
- Asking to reduce an amount owed is admissible. Offering a job back is admissible. Offering a job back in return for dropping a claim is excluded.
Things prepared intended to be used for negotiation are barred too for public policy.
Settling with others is also barred, often under a "common event" test.