- 16 - when it is being offered to show liability, or that some underlying claim is invalid. Id. The legislative history of rule 408 of the Federal Rules of Evidence indicates that the purpose thereof is to encourage settlements. See United States v. Contra Costa County Water Dist., 678 F.2d 90, 92 (9th Cir. 1982); Central Soya Co. v. Epstein Fisheries, Inc., 676 F.2d 939, 944 (7th Cir. 1982); Hulter v. Commissioner, 83 T.C. 663, 665 (1984). The underlying premise is that, without the rule, settlement negotiations would be inhibited if the parties knew that statements made in the course of settlement might later be used against them as admissions of liability. United States v. Contra Costa County Water Dist., supra at 92; Central Soya Co. v. Epstein Fisheries, Inc., supra at 944; Hulter v. Commissioner, supra at 665.4 Petitioner contends that a meeting with respondent's counsel was a settlement conference, and, hence, statements made by 4 See also Saltzburg & Redden, Federal Rules of Evidence Manual, 191 (3d ed. 1982): In most cases * * * the Court should decide against admitting statements made during settlement negotiations as impeachment evidence when they are used to impeach a party who tried to settle a case but failed. The philosophy of the Rule [408] is to allow the parties to drop their guard and to talk freely and loosely without fear that a concession made to advance negotiations will be used at trial. Opening the door to impeachment evidence on a regular basis may well result in more restricted negotiations.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011