2021 Georgia Code
Title 24 - Evidence
Chapter 4 - Relevant Evidence and Its Limits
§ 24-4-408. Compromises and Offers to Compromise

Universal Citation: GA Code § 24-4-408 (2021)
  1. Except as provided in Code Section 9-11-68, evidence of:
    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 shall not be admissible to prove liability for or invalidity of any claim or its amount.

  2. Evidence of conduct or statements made in compromise negotiations or mediation shall not be admissible.
  3. This Code section shall not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations or mediation. This Code section shall not require exclusion of evidence offered for another purpose, including, but not limited to, proving bias or prejudice of a witness, negating a contention of undue delay or abuse of process, or proving an effort to obstruct a criminal investigation or prosecution.

(Code 1981, §24-4-408, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Compromise offers and negotiations, Fed. R. Evid. 408.

Law reviews.

- For annual survey on evidence, see 65 Mercer L. Rev. 125 (2013).



  • General Consideration
  • Application and Illustrations



- 31A C.J.S., Evidence, §§ 388, 395 et seq.


- Admissibility of evidence of unperformed compromise agreement, 26 A.L.R.2d 858.

Admissibility of admissions made in connection with offers or discussions of compromise, 15 A.L.R.3d 13.

Admissibility of confession by one accused of felonious homicide, as affected by its inducement through compelling, or threatening to compel, accused to view victim's corpse, 27 A.L.R.3d 1185.

Admissibility, in civil action, of confession or admission which could not be used against party in criminal prosecution because obtained by improper police methods, 43 A.L.R.3d 1375.

Admissibility of defense communications made in connection with plea bargaining, 59 A.L.R.3d 441.

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