LAW 545-001 – Evidence

Compromise


  1. 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 . . . .
  2. 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.