Of Purposes Not Prohibited: New Federal Rule of Evidence 408(B)
Collins, Gregory B.
Halaby, Andrew F.
INTRODUCTION|The recent amendment of Federal Rule of Evidence 408 provides a good opportunity to revisit the rule's fundamental principles - principles the amendment was intended to affirm - regarding the circumstances under which settlement communications may be admitted into evidence. While many lawyers think of Rule 408 simply as the "one can't use a settlement communication against its maker" rule, that notion is overbroad and wrong because, sometimes, one can. Now, as before, Rule 408 embodies a careful balancing of the policy interests of truth-seeking and settlement promotion...
40 Creighton L. Rev. 679 (2006-2007)
Creighton University School of Law