Admissibility of Evidence - Settlement Offers Not Admissible
An offer of settlement, which contains an express admission of fact, is not admissible in evidence against the maker of the offer, especially after a lawsuit is brought.[1]
Admissions during settlement negotiations are not admissible in evidence. Evidence of furnishing, or offering or promising to furnish, or accepting, or offering or promising to accept, any valuable consideration in compromising or attempting to compromise a claim which is disputed as to either validity or amount of damages, is inadmissible as proof of liability for or invalidity of the claim or the amount of damages.[2]
Evidence of any conduct or statement made during compromise negotiations is inadmissible.[3] However, the provisions of CPLR 4547 do not require the exclusion of any evidence, which is otherwise discoverable, solely because the evidence was presented during the course of settlement negotiations. The exclusion established by CPLR 4547 does not limit the admissibility of such evidence when it is offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay or proof of an effort to obstruct a criminal investigation or prosecution.[4]
However, a fact admitted by a party during settlement negotiations is admissible against the party unless expressly stated to be “without prejudice” or unless the surrounding circumstances show that it was not intended as an admission.[5]
[1] White v. Old Dominion Steamship Co., 102 N. Y. 660, 6 N. E. 289; Smith v. Satterlee, 130 N. Y. 677, 29 N. E. 225; Tenant v. Dudley, 144 N. Y. 504, 39 N. E. 644
[2] CPLR 4547.
[3] CPLR 4547.
[4] CPLR 4547.
[5] White v Old Dominion S.S. Co., 102 NY 660, 6 NE 289 (1886); Central Petroleum Corp. v Kyriakoudes, 121 AD2d 165, 502 NYS2d 1017 (1st Dept 1986); Bellino v Bellino Const. Co., Inc., 75 AD2d 630, 427 NYS2d 303 (2d Dept 1980); Prince, Richardson on Evidence (11th Ed. Farrell) § 8-218; see Universal Carloading & Distribution Co., Inc. v Penn Cent. Transp. Co., 101 AD2d 61, 474 NYS2d 502 (1st Dept 1984).
An offer of settlement, which contains an express admission of fact, is not admissible in evidence against the maker of the offer, especially after a lawsuit is brought.[1]
Admissions during settlement negotiations are not admissible in evidence. Evidence of furnishing, or offering or promising to furnish, or accepting, or offering or promising to accept, any valuable consideration in compromising or attempting to compromise a claim which is disputed as to either validity or amount of damages, is inadmissible as proof of liability for or invalidity of the claim or the amount of damages.[2]
Evidence of any conduct or statement made during compromise negotiations is inadmissible.[3] However, the provisions of CPLR 4547 do not require the exclusion of any evidence, which is otherwise discoverable, solely because the evidence was presented during the course of settlement negotiations. The exclusion established by CPLR 4547 does not limit the admissibility of such evidence when it is offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay or proof of an effort to obstruct a criminal investigation or prosecution.[4]
However, a fact admitted by a party during settlement negotiations is admissible against the party unless expressly stated to be “without prejudice” or unless the surrounding circumstances show that it was not intended as an admission.[5]
[1] White v. Old Dominion Steamship Co., 102 N. Y. 660, 6 N. E. 289; Smith v. Satterlee, 130 N. Y. 677, 29 N. E. 225; Tenant v. Dudley, 144 N. Y. 504, 39 N. E. 644
[2] CPLR 4547.
[3] CPLR 4547.
[4] CPLR 4547.
[5] White v Old Dominion S.S. Co., 102 NY 660, 6 NE 289 (1886); Central Petroleum Corp. v Kyriakoudes, 121 AD2d 165, 502 NYS2d 1017 (1st Dept 1986); Bellino v Bellino Const. Co., Inc., 75 AD2d 630, 427 NYS2d 303 (2d Dept 1980); Prince, Richardson on Evidence (11th Ed. Farrell) § 8-218; see Universal Carloading & Distribution Co., Inc. v Penn Cent. Transp. Co., 101 AD2d 61, 474 NYS2d 502 (1st Dept 1984).
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
|
Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:divorce@ix.netcom.com. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
|