Under Oklahoma law, can an offer to settle be used against the opposing party in court?

April 2, 2009
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Settlement offers are almost always a part of the litigation process.  Sometimes settlement talks will fall through though.  If this happens, can one party use the opposing party's settlement offer as evidence to show that the party was at fault or did something wrong?

No.  The Oklahoma Evidence Code clearly states that this is inadmissible.  Check out the statute for the exact language: 12 O.S. ยง 2408.  Note that the rule does not require the exclusion of evidence that would otherwise be discoverable simply because it occurred during settlement negotiations. 

One of the reasons for this rule is that it encourages settlement.