{"parents":[{"StatuteId":2045201,"Type":"Title","Statute":"19"},{"StatuteId":2045505,"Type":"Chapter","Statute":"19"},{"StatuteId":2045431,"Type":"Section","Statute":"408"}],"Previous":"19-19-407","Next":"19-19-409","StatuteId":2045431,"Statute":"19-19-408","Type":"Section","CatchLine":"Compromise offers and negotiations. ","FilePath":null,"FileName":null,"Htmlpath":null,"Htmlfilename":null,"Title":19,"TitleLetter":null,"Chapter":19,"ChapterLetter":null,"Section":408,"SubSec":0,"SubSection":null,"Word":null,"Html":"

19-19-408. Compromise offers and negotiations.

(a) Prohibited uses. Evidence of the following is not admissible--on behalf of any party--either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:

(1)    Furnishing, promising, or offering--or accepting, promising to accept, or offering to accept--a valuable consideration in compromising or attempting to compromise the claim; and

(2)    Conduct or a statement made during compromise negotiations about the claim--except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.

(b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 408); SDCL § 19-12-10; SL 2016, ch 239 (Supreme Court Rule 15-30), eff. Jan. 1, 2016.

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