Federal Rules of Evidence (FRE) Rule 408 - Compromise offers [and statements]

WELCOME to my “Federal Rules of Evidence” program for students interested in the evidentiary rules that govern trials in federal court. "Federal Rules of Evidence" is a series of 12 playlists (with many videos) designed to introduce viewers to the Federal Rules of Evidence (FRE), as well as evidentiary concepts and arguments under the FRE. The 12 playlist topics are set out below in this description.
This playlist covers FRE Rules in Article IV (Policy rules). This video covers Rule 408 - Compromise offers [and statements] - and this playlist (organized by FRE rule/concept) for Article IV (Policy rules) features the following videos:
 Article IV. Policy rules generally
 [no FRE]. Good purpose versus bad purpose
 Article IV. Motions in limine - Does the evidence violate policy rules?
 Rule 407. Subsequent remedial measures
 Rule 408. [Civil] compromise offers and negotiations
 Rule 409. Offers to pay medical and similar expenses
 Rule 410. [Criminal] pleas, plea discussions, and related statements
 Rule 411. Liability insurance
The channel features several videos within each of these 12 playlists:
 Intro to FRE Rules & Concepts *(start here)*
 Articles I & II - General & Judicial Notice.
 Article IV - Relevance & 403
 Article IV - Policy rules
 Article IV - Character evidence
 Article V - Privileges
 Article IV - Witnesses
 Article IV - Impeachment
 Article VII - Opinion testimony
 Article VIII - Hearsay - definition/exemptions
 Article VIII - Hearsay - exceptions
 Articles IX & X - Authentication & Original doc
ABOUT ME:
Professor Wes Porter served as a trial attorney with the Department of Justice's Criminal Division, Fraud Section, in Washington D.C., the U.S. Attorney's Office for the District of Hawaii and the JAG Corps for the U.S. Navy stationed in the Trial Service Office Pacific. After lecturing and teaching as an adjunct professor for years, he moved to academia full-time teaching courses in Evidence, Criminal Law and Procedure, and skills courses like Trial Advocacy. Professor Porter earned tenure, became a full professor of law, and led a center devoted to evidence, litigation and trial skills training.
Professor Porter still teaches in law schools and trains lawyers new to the profession. To contact Professor Porter with questions or video topic requests, you may email him at [e-mail].
©Wes R. Porter 2020. All rights reserved.

[@ryencinski7998]

This was great!!! Thank you :)

[@abhinavgarg6487]

so much more clear than my textbook. thank you Professor

[@liviastahle1126]

Great video! Super helpful!!

[@LS-ib4xg]

Thank you!

[@cristin2867]

Aloha and mahalo from Pitt Law!

[@chloepatterson7547]

Thank you so much! Just started my second semester of my 1L. This was extremely helpful.

[@professorporter]

Glad to hear it. Good luck when you take evidence!

[@susulewis7511]

Hi, professor, can this rule apply divorce settlement communication? There are compromise offers too!

[@Caseycat24]

thank you for this! my final is tomorrow and i found this very helpful

[@professorporter]

I'm so glad!

[@JVogelLaw]

Great video... Suggestion: get a "pop filter" for your headset to mitigate the popping noises in the audio that come from your breath.

[@Takifun]

I have a question about the statement you made at 2:14 where you said, "We know we did a bunch of things wrong as the defendants in this case. We want to make it right; we want to move on and allow you to move on plaintiff. That statement can't be used." Why would that statement be inadmissible if there is no dispute? Is what you're saying that there was an initial dispute between the parties, and the defendant is now wanting to negotiate, so his/her statement of conceding is protected under rule 408?

[@professorporter]

Yes. There was a “dispute” and the statement is protected under Rule 408.

[@Edward_Fultz]

Hello, quick question: If a settlement offer has been declined/rejected, can you now disclose that settlement offer to the general public?

[@professorporter]

The FRE including Rule 408 govern admissibility of evidence at trial. A rejected offer to settle is inadmissible at trial. Usually other agreements or terms of fair dealing prohibit those same parties from disclosing it to the public.

[@Edward_Fultz]

@@professorporter So if there is no trial, then it may be disclose to the general public? Subject to no confidentiality clauses, non-disclosure agreements, or other sensitive information such as HIPPA.

[@mattmoyers4951]

How often do you see a mutual NDA accompanied with an FRE 408?

[@professorporter]

Usually NDA is upon resolution/settlement of the civil action. Courts typically use protective orders to protect sensitive information exchanges during the litigation.