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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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What is the Connecticut statute of family law prohibits settlement

Resolved Question:

What is the Connecticut statute of family law prohibits settlement negotiations from being entered into evidence
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Fed. R. Evid. 408 governs inadmissibility of settlement negotiations. Rule 408 provides, in pertinent part: Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or 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 or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible...

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 6:28 AM EST
Customer: replied 6 years ago.

Sorry, I'm not sure your answer is what I need. Here is more detail...

This is an appellate case for a civil/famliy matter in the State of Connecticut between my husband and his ex-wife. In a court trial/hearing last year, my husband received expanded access to his son. The ex-wife has appealed and is attempting to include in her appellate brief information that is pre-settlement negotiation. We are looking to know what Connecticut law or statute prohibits this. My husband is pro se and wishes to file a motion to strike. I don't know if CT gives a flip about Fed. R. Evid. 408- thus we would prefer to cite connecticut law/statute. Can you assist?
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

In that situation I am sure I provided you with the correct law. What you are seeking is the Connecticut Rule of Evidence, section 4-8, which is the same as Section 408 of the Federal Rules of Evidence. The Rules of evidence for the most part tend to be same from jurisdiction to jurisdiction. Some states do not fully incorporate, and others modify, but the rule I provided to you is accepted in the vast majority of jurisdictions, Connecticut included.

Here is the link to the law itself--please feel free to review it as well as the commentary below it:


http://www.jud.ct.gov/Publications/code2000.pdf

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 6:49 AM EST
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