Evidence of (a) furnishing, or offering or promising to furnish, or (b) 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, shall be inadmissible as proof of liability for or invalidity of the claim or the amount of damages. Evidence of any conduct or statement made during compromise negotiations shall also be inadmissible. The provisions of this section shall not require the exclusion of any evidence, which is otherwise discoverable, solely because such evidence was presented during the course of compromise negotiations. Furthermore, the exclusion established by this section shall 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.
§ 4547.Compromise and offers to compromise.
Article 45. Evidence · Last amended 1999 · Last verified July 21, 2026
In one sentenceCPLR 4547 keeps offers, promises, or payments made to settle a disputed claim, along with anything said during settlement talks, out of evidence on the question of liability or damages, though the same evidence can still come in for other purposes or if it was independently discoverable.
Full Text of CPLR 4547
Plain-English Summary
Settlement talk only works if people can speak candidly without every concession becoming a trial exhibit. CPLR 4547 protects that candor. It bars evidence that a party offered, promised, furnished, accepted, or promised to accept anything of value to compromise a claim that is disputed as to liability or the amount of damages, when that evidence is offered to prove liability or invalidate the claim. It goes further than the offer itself: any statement or conduct during the compromise negotiations is also inadmissible for that purpose.
The rule carries two safety valves. First, it does not let a party hide otherwise discoverable evidence just by raising it during settlement talks; if a document or fact would have been discoverable on its own, running it through a negotiation session does not remove it from evidence. Second, the exclusion is purpose-specific, not blanket. Settlement evidence barred on the question of liability can still come in for another reason: to show a witness's bias or prejudice, to rebut a claim of undue delay, or to prove an attempt to obstruct a criminal investigation or prosecution.
The rule applies only where the claim is disputed as to validity or amount; it does not protect payments made where liability was never in question. And because it turns on the purpose for which evidence is offered, the same settlement communication can be inadmissible on one theory and admissible on another in the same case.
Frequently Asked Questions
Is a settlement offer admissible in a New York trial?
Generally not to prove liability or the value of the claim. CPLR 4547 makes evidence of an offer or promise to compromise a disputed claim inadmissible for that purpose, though it may be admissible for another purpose.
Can statements made during settlement negotiations be used against a party at trial?
Not to prove liability or damages. CPLR 4547 excludes conduct and statements made during compromise negotiations for that purpose, though they may be admitted if offered for a different reason, like showing bias.
Does CPLR 4547 protect documents that are otherwise discoverable?
No. The statute does not let a party shield evidence from discovery or admission just because it was presented during settlement talks; only the negotiation-related evidence itself is protected.
Are there exceptions to the rule against admitting settlement evidence?
Yes. The statute allows settlement evidence to prove a witness's bias or prejudice, to negate a claim of undue delay, or to show an effort to obstruct a criminal investigation or prosecution.
Does CPLR 4547 apply if liability isn't disputed?
No. The exclusion applies to claims disputed as to validity or amount of damages; a payment made where liability was never contested falls outside the rule.
Can an insurance adjuster's settlement offer be introduced to show the claim had merit?
No. Offering evidence of a settlement offer to prove the claim's validity or the amount owed is exactly what CPLR 4547 excludes.
How is CPLR 4547 different from a formal CPLR 3221 offer to compromise?
CPLR 4547 is an evidence rule that keeps settlement talk out of the liability and damages case; CPLR 3221 is a separate procedural mechanism letting a party make a formal offer to allow judgment, with its own cost consequences if rejected.
Amendment History
Add, L 1998, ch 317, § 1, eff July 14, 1998; amd, L 1999, ch 56, § 1, eff May 25, 1999.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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