Evidence-Wellborn SU2006 Outline

Rationale for rule 408 public policy concern rule is

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Unformatted text preview: oes 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. Texas Rule: Rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness or a PARTY intent was to embrace all Mary Carter type arrangements. Since the federal rules have a non-exclusive list "such as" proving bias or prejudice of a witness, this does not represent a substantial difference (Could see the federal rules allowing admission of the evidence to prove the bias of a party) Scope and Purpose: Rule 408 excludes evidence that a party: Offered to compromise a claim, or Actually compromised a claim When offered to prove the validity/invalidty of the claim or amount of damages. Rationale for Rule 408. Public policy concern: Rule is premised on the notion that without this protection parties would be deterred from entering into settlement discussions with their opponent...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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