Transcription of FRCP 26 VS. FRE 408: WHY SETTLEMENT …
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FRCP 26 VS. FRE 408: WHY SETTLEMENT …
\\jciprod01\productn\C\CAC\16-1\ : 122-OCT-1416:18 FRCP 26 VS. FRE 408: WHY SETTLEMENTNEGOTIATIONS SHOULD BE PRIVILEGEDAGAINST THIRD-PARTY DISCOVERYA ndrew Sher*INTRODUCTION The public has a right to every man s evidence 1 is a centu-ries-old common-law This theme is the basis for FederalRule of Civil Procedure ( FRCP ) 26, which provides for broaddiscovery in civil disputes in an effort to give parties adequate in-formation to present their However, allowing broad discov-ery sometimes conflicts with other policy goals, such asencouraging settlements. To encourage settlements, Congress en-acted Federal Rule of Evidence ( FRE ) 408, which limits the ad-missibility of compromise offers and negotiations as evidence toallow for free and frank discussion with a view toward settling thedispute.
\\jciprod01\productn\C\CAC\16-1\CAC105.txt unknown Seq: 1 22-OCT-14 16:18 FRCP 26 VS. FRE 408: WHY SETTLEMENT NEGOTIATIONS SHOULD BE PRIVILEGED AGAINST THIRD-PARTY DISCOVERY
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