AK · rules
Alaska R. Evid. 408
Compromise and Offers to Compromise
Evidence of (1) furnishing or offering or promising to
furnish or (2) accepting or offering or promising to accept, a
valuable consideration in compromising or attempting to
compromise a claim which was disputed as to either validity or
amount, is not admissible to prove liability for or invalidity of
the claim or its amount. Evidence of conduct or statements
made in compromise negotiations is likewise not admissible.
This rule does not require the exclusion of any evidence
otherwise discoverable merely because it is presented in the
course of compromise negotiations. This rule also does not
require exclusion when the evidence is offered for another
purpose, such as proving bias or prejudice of a witness,
negativing a contention of undue delay, or proving an effort to
obstruct a criminal investigation or prosecution, but exclusion
is required where the sole purpose for offering the evidence is
to impeach a party by showing a prior inconsistent statement.
History
(Added by SCO 364 effective August 1, 1979; amended by SCO 1841 effective October 6, 2014) Note: Chapter 62, SLA 2014 (HB 250), effective October 6, 2014, enacted various changes, including a new section AS 09.55.544 restricting the evidence that is admissible in medical malpractice actions. According to section 2 of the Act, AS 09.55.544(a)(3), enacted by section 1 of the Act, has the effect of amending Evidence Rule 408 by modifying the admissibility of evidence of compromise and offers of compromise or settlement in a medical malpractice cause of action so that evidence of compromise or settlement in a medical malpractice cause of action is not admissible for any purpose.
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
fc5d509871fd398428b34cffafbff04e8d48913d5042f640c871fe3349e29dc7
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