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RULE 408 - Washington Courts Evidence of conduct or statements made in compromise negotiations is likewise not admissible This rule does not require exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations
ER 408 Washington Evidence: Admissibility of Settlement Negotiations Key Aspects of Washington’s Evidence Rules: In Washington State’s legal system, understanding what evidence is permissible in court is crucial, especially under Rule 408 This rule, central to civil cases, governs the admissibility of evidence related to compromise and settlement offers
Washington Case Law Update: When is a Statement Considered an Offer to . . . Under ER 408, statements made in the context of negotiations prior to the initiation of litigation are admissible unless there was an actual dispute at the time or hints at the potential of future litigation Thus, the key issue governing admissibility was when the dispute arose
Am I Admitting Fault By Offering To Settle? | Beresford Booth If there is no dispute, ER 408 will not bar evidence of an offer ER 408 applies equally to successful settlement negotiations and unsuccessful ones Notably, ER 408 bars admissibility not only of the settlement offer itself, but also of statements that “relate to” compromising a claim
Settlement and Negotiations: The Limitations of Rule 408 and How to . . . The Advisory Committee's note to Rule 408 indicates that the drafters intended the Rule to expand the scope of the common law exclusionary rule, which generally applied only to settlement offers but not statements made during settlement negotiations:
Rule 408 – Compromise Offers and Negotiations Federal Rule of Evidence 408 is designed to protect the integrity of settlement negotiations by excluding offers to settle and related statements from being used as evidence in court
FILED JULY 21, 2020 - Washington Courts These were “statements made in compromise negotiations ” ER 408 Nothing in the text of the rule suggests that it only involves discussions involving lawyers, nor have the parties provided any case authority suggesting such a limitation should be read into the rule The trial court correctly applied the rule There was no error 2
ER 408: COMPROMISE AND OFFERS TO COMPROMISE - Angus Lee Law Firm Evidence of conduct or statements made in compromise negotiations is likewise not admissible This rule does not require exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations
What is the 408 rule of settlement negotiations? What is the 408 rule for settlement offers? This rule as reported makes evidence of settlement or attempted settlement of a disputed claim inadmissible when offered as an admission of liability or the amount of liability