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Offers of Compromise: When (If Ever) Are They Admissible?

by Joel Z. Schwarz
Gordon Silver - Las Vegas Office

May 16, 2013

Previously published by Clark County Bar Association's Communiqué on May 2013

As a general rule, offers of compromise are inadmissible when offered to prove liability or the amount of a claim. See NEV. REV. STAT. § 48.105(1); FED. R. EVID. 408(a)(1). Evidence of conduct or statements made in compromise negotiations is likewise not admissible. NEV. REV. STAT. § 48.105(1)(b); FED R. EVID. 408(a)(2). Federal Rule of Evidence (“FRE”) 408, the federal analog of Nevada Revised Statute (“NRS”) 48.105, was developed to “encourage the resolution of problems through negotiation and settlement without the fear of having statements made during the negotiation process haunt a future legal proceeding.”


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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