Module 8: Federal Rule of Evidence 408

Overview

• Focus on five specialized rules of relevance, known as "sappy rules."
• Rule 408: Bans use of compromise evidence for certain purposes.

Key Components of Rule 408

1. Prohibited Uses of Compromise Evidence

• Evidence of a compromise or attempt to compromise (settlement) is inadmissible if:
  • Offered to prove liability or invalidity of a claim.
  • Used to impeach a witness.

2. Permissible Uses

• Rule does not exclude compromise evidence if used for purposes not explicitly prohibited.
• Examples of permissible uses:
  • Proving bias or prejudice of a witness.
  • Negating a contention of undue delay.
  • Proving an effort to obstruct criminal investigations.

3. Rule 403 Consideration

• Evidence must be analyzed under Rule 403 even if permissible under Rule 408.

Applicability

• Rule 408 applies only in civil cases, not criminal cases.

Rationales for Rule 408

• Limited probative value:
  • Settlements may occur for reasons other than liability (e.g., desire to resolve disputes amicably).
• High risk of prejudice:
  • Jury might infer liability from settlement negotiations.
• Encourages compromise to reduce litigation burden.

Important Clarifications

1. Attempts vs. Completed Compromises

• Attempts to Compromise:
  • Example: Failed negotiation statements inadmissible to prove liability.
• Completed Compromises:
  • Multiple litigants: Settled cases cannot be used to prove liability in ongoing cases.

2. Definition of a Claim

• Claim includes lawsuits and some informal demands.
• Pre-lawsuit discussions may be covered under Rule 408.

3. Coverage of Rule 408

• Covers statements/conduct during negotiations.
• Includes impeachment or contradiction during trial.

4. Permissible Purposes

• List in Rule 408 is illustrative, not exhaustive.
• Introducing evidence for other purposes than prohibited ones may survive Rule 408 scrutiny but must pass Rule 403.