DEFENDANT LOCKHEED MARTIN CORPORATION'S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL PRODUCTION OF DOCUMENTS (DKT. 87)

摘要

Rule 408 does not bar discovery of settlement communications, or even prohibit the use of settlement communications in all circumstances. Rather, the rule specifically prohibits admission of such communications for narrowly identified purposes - namely, "to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction." Fed. R. Evid. 408(a). The text of the rule itself permits the use of such communications for "another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution." Fed. R. Evid. 408(b).