HLS 20RS-366 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 119
BY REPRESENTATIVE HUVAL
EVIDENCE: Provides relative to evidence of compromise and offers to compromise
1 AN ACT
2To amend and reenact Code of Evidence Article 408(A), relative to evidence of compromise
3 and offers to compromise; to provide for the admission of evidence of compromise
4 for certain purposes; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Evidence Article 408(A) is hereby amended and reenacted to read
7as follows:
8 Art. 408. Compromise and offers to compromise
9 A. Civil cases. In a civil case, evidence of (1) furnishing or offering or
10 promising to furnish, or (2) accepting or offering or promising to accept, anything
11 of value in compromising or attempting to compromise a claim which was disputed
12 as to either validity or amount, is not admissible to prove liability for or invalidity
13 of the claim or its amount. Evidence of conduct or statements made in compromise
14 negotiations is likewise not admissible. This Article does not require the exclusion
15 of any evidence otherwise admissible merely because it is presented in the course of
16 compromise negotiations. This Article also does not require exclusion when the
17 evidence is offered for another purpose, such as proving bias or prejudice of a
18 witness, negativing a contention of undue delay, or proving an effort to obstruct a
19 criminal investigation or prosecution, or explaining to a jury the reason for a party's
20 absence as a defendant.
21 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-366 ORIGINAL
HB NO. 119
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 119 Original 2020 Regular Session Huval
Abstract: Authorizes parties to provide evidence of compromise to a jury for the purpose
of showing the reason a party is not a defendant at trial.
Present law prohibits the admission of certain evidence of offering or accepting anything of
value to compromise a claim, but present law provides exceptions allowing admissibility of
such evidence for other purposes, such as proving bias or prejudice.
Proposed law provides that such evidence may be admissible to a jury for the reason of
explaining a party's absence as a defendant.
(Amends C.E. Art. 408(A))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.