First Premier Bank v. Kolcraft Enterprises, Inc.

KONENKAMP, Justice.

[¶ 1.] Litigants are ordinarily prohibited from disclosing to a jury a prior settlement “to prove liability for or invalidity of the claim or its amount.” This prohibition, embodied in our rules of evidence, avoids prejudice to all parties and promotes settlements. Here, defense counsel broached the fact of an earlier settlement made on plaintiffs behalf. Although the trial court had advised counsel not to offer evidence about this settlement until he ruled on the pending motion in limine, the court took the position that since remarks by attorneys are not evidence, neither…