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Inadmissible to show culpable conduct or ability to pay (deep pockets), but admissible for other purposes
Offers to settle, pleas, settlements, and related statements
- inadmissible against the defendant to show liability or fault in a civil case, or to prove guilt in a criminal case (or no lo contendere). In order to settle something, there first must be a claim asserted (filing of a lawsuit; youre going hear from my lawyer) and in dispute.
- Exception: If the future defendant just blurts out something, and there is no claim yet (or threatened) and no settlement rule applicable. Admissible.
- Exception: no dispute as to liability or damages - Defendant said I admit I owe you the full $10,000 you are claiming, but I'll only pay you $5,000. Take it or leave it! Admissible
Specific instances of bad conduct may be admitted to prove anything other than character that is relevant
- Common plan or scheme