§ 90.408, Fla. Stat. — Compromise and Offers to Compromise
Plain English
This rule is what lets two sides actually talk settlement without torpedoing themselves. Evidence of an offer to compromise a disputed claim — and any conduct or statements made during those negotiations — is inadmissible to prove liability, the absence of liability, or the value of the claim. The policy is straightforward: the system wants cases to settle, and nobody would ever say “let’s resolve this for $50,000” if that sentence could be paraded in front of a jury as an admission they owe it. One key limit: it only applies when the claim was actually disputed as to validity or amount — not to a flat acknowledgment of an undisputed debt.
From the Courtroom
Lawyers test this rule constantly, trying to smuggle settlement talk in through a side door — “not for liability, just to show bias” or “just for context.” Judges stay wary, because once a jury hears a settlement number, it is almost impossible to un-ring that bell — and everyone in the room knows it.
Key Points & Authority
- § 90.408, Fla. Stat. — Offers to compromise a disputed claim, and statements made in compromise negotiations, are inadmissible to prove liability or value.
- Only disputed claims: the protection applies where the claim was disputed as to validity or amount.
- Federal parallel: Fed. R. Evid. 408 protects compromise offers and negotiations, with limited non-liability-purpose exceptions.
Federal Parallel
The federal counterpart is Fed. R. Evid. 408. The federal rule spells out a few permitted purposes (e.g., proving a witness’s bias) more explicitly, but the core protection for settlement talks mirrors Florida’s.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.408 makes offers to compromise a disputed claim, and statements made in settlement negotiations, inadmissible to prove liability, absence of liability, or the value of the claim.