The contents of settlement agreement are marked Without Prejudice and, as such, cannot be used in proceedings by either party without agreement from both parties. However, can the party which wrote the original WP and who now wishes to rely on the letter, subsequently get around the WP rule simply by writing what appears to be a fresh letter on the surface yet has the exact same word for word content as the original WP letter? If you can prove that the content is exactly the same, would WP therefore still apply to the second letter.
![Federal Rules of Evidence (FRE) Rule 408 - Compromise offers [and statements]](/img/n.gif)
What does it mean if parties sign an agreement without prejudice to parties rights ?
The contents of settlement agreement are marked Without Prejudice and, as such, cannot be used in proceedings by either party without agreement from both parties. However, can the party which wrote the original WP and who now wishes to rely on the letter, subsequently get around the WP rule simply by writing what appears to be a fresh letter on the surface yet has the exact same word for word content as the original WP letter? If you can prove that the content is exactly the same, would WP therefore still apply to the second letter.
Settlement signed without prejudice What does it mean?