Vt. R. Evid. 408

As amended through November 4, 2024
Rule 408 - Compromise and Offers To Compromise
(a) Prohibited uses. Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, the invalidity of, or the amount of a claim that was disputed as to either validity or amount, or to impeach through a prior inconsistent statement or contradiction:
(1) furnishing or offering or promising to furnish -- or accepting or offering or promising to accept -- a valuable consideration in compromising or attempting to compromise the claim or any other claim;
(2) conduct or statements made in compromise negotiations regarding the claim or any other claim.
(b) Permitted uses. This rule does not require exclusion if the evidence is offered for purposes not prohibited by subdivision (a). Examples of permissible purposes include proving a witness's bias or prejudice; negativing a contention of undue delay; and proving an effort to obstruct a criminal investigation or prosecution.
(c) Other provisions governing compromises and offers to compromise. This rule governing compromise negotiations generally is subject to the more specific statute governing mediation (the Uniform Mediation Act, chapter 194 of Title 12 of Vermont Statutes Annotated) and the rule governing alternative dispute resolution (V.R.C.P. 16.3 ).

Vt. R. Evid. 408

Amended Jan. 8, 1985, eff. 3/7/1985; May 30, 2012, eff. 7/30/2012.