• Offers of Compromise: When (If Ever) Are They Admissible?
  • May 16, 2013 | Author: Joel Z. Schwarz
  • Law Firm: Gordon Silver - Las Vegas Office
  • 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.”