Indiana Rules of Evidence

Rule 408. Compromise Offers and Negotiations

Effective January 1, 2014

(a) 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 or to impeach by a prior inconsistent statement or a contradiction:

(1) furnishing, promising, or offering, or accepting, promising to accept, or offering to accept a valuable consideration in order to compromise the claim; and

(2) conduct or a statement made during compromise negotiations about the claim. Compromise negotiations include alternative dispute resolution.

(b) 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.