As amended through September 26, 2024
Rule 2:408 - Compromise Offers and Conduct or Statements during Negotiations(a)Prohibited Uses. Evidence of the following is not admissible on behalf of any party in a civil case - either to prove or disprove the validity or amount of a disputed claim, or to impeach by a prior inconsistent statement or by contradiction: (1) furnishing, promising, or offering - or accepting, promising to accept, or offering to accept - a valuable consideration in compromising or attempting to compromise the claim; and (2) conduct or any statements made during compromise negotiations about the claim.(b)Exceptions. The court may admit such evidence for another purpose, such as proving a witness's bias or prejudice or negating a contention of undue delay.(c)Pre-existing documents or physical evidence. Otherwise admissible evidence that existed prior to the commencement of compromise negotiations, including pre-existing documents or electronic communications, is not excludable under this Rule merely because such evidence was disclosed, produced, or discussed by a party during such negotiations.Adopted and promulgated by Order dated June 1, 2012; effective 7/1/2012; adopted and promulgated by order dated June 1, 2012; effective 7/1/2012; amended by order dated October 30, 2015, effective 7/1/2016.