Evidence of:
§ 2408.Compromise and Offers to Compromise
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceMakes evidence of furnishing, accepting, or offering valuable consideration to compromise a disputed claim inadmissible to prove liability, invalidity, or amount, and also bars evidence of conduct or statements made in compromise negotiations, subject to exceptions like proving bias or obstruction of a criminal investigation.
Full Text of § 2408
1. Furnishing, offering or promising to furnish; or
2. Accepting, offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount is not admissible to prove liability for the claim, invalidity of the claim or the amount of the claim.
Evidence of conduct or statements made in compromise negotiations is not admissible. This section does not require the exclusion of discoverable evidence merely because it is revealed in the course of compromise negotiations. This section does not require exclusion of evidence when it is offered for another purpose, including proof of bias or prejudice of a witness, negativing a contention of undue delay, or proof of an effort to obstruct a criminal investigation or prosecution.
Amendment History
Laws 1978, SB 276, c. 285 § 408, eff. 10/1/1978.
Plain-English Summary
Settlement talk stays out of evidence under Section 2408, Oklahoma's version of Federal Rule of Evidence 408. Furnishing, offering, or promising to furnish valuable consideration to compromise a disputed claim, or accepting, offering, or promising to accept it, can't prove liability for the claim, that the claim is invalid, or its amount. The claim has to be disputed, as to validity or amount, for the rule to apply.
The second paragraph goes further, excluding conduct or statements made during the compromise negotiations themselves. But the rule doesn't let a party hide otherwise-discoverable evidence just because it came up during settlement talks, and it doesn't bar this evidence when offered for another purpose -- proving bias or prejudice of a witness, rebutting a claim of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
Frequently Asked Questions
Can a settlement offer be used against you at trial?
No. Section 2408 makes evidence of furnishing, offering, or accepting valuable consideration to compromise a disputed claim inadmissible to prove liability, invalidity, or the amount of the claim.
Are statements made during settlement negotiations protected too?
Yes. The second paragraph excludes evidence of conduct or statements made in compromise negotiations, not just the offer itself.
Does this rule let a party hide evidence just by discussing it during settlement talks?
No. The statute says it doesn't require exclusion of discoverable evidence merely because it was revealed during compromise negotiations.
Can compromise evidence come in to prove a witness's bias?
Yes. The statute lists proof of bias or prejudice of a witness as one of the purposes for which this evidence isn't excluded.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma settlement negotiations evidence12 O.S. § 2408FRE 408 oklahoma equivalentoffers to compromise inadmissible oklahoma