suggesting statements during settlement negotiations inadmissible during case-in-chief, but admissible to impeach defendant’s testimony
How later courts described this case
- suggesting statements during settlement negotiations inadmissible during case-in-chief, but admissible to impeach defendant’s testimony
Written by the judges who cited it.
The opinion
Richard B. Adkisson, Chief Justice, concurring in part, dissenting in part. Rule 408, Uniform Rules of Evidence, provides that statements made during settlement negotiations are “not admissible to prove liability for, invalidity of, or amount of the claim or any other claim.” To allow the substantive presentation of such evidence under the guise of impeachment for bias is but to circumvent the purpose of the rule which is to encourage open and frank settlement negotiations.