Del. R. Evid. 408

As amended through May 31, 2024
Rule 408 - Compromise Offers and Negotiations
(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.
(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.

Del. R. Evid. 408

Amended November 28, 2017, effective 1/1/2018.

Comment

This rule generally tracks F.R.E. 408.

This rule modifies existing Delaware case law. See Hudson v. Williams, Del. Super., 72 A. 985 (1908).

D.R.E. 408 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. The pre-2017 "Comment" to D.R.E. 408 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.