Pleas, Plea Discussions, and Related Statements

U.S Code last checked for updates: Jan 18, 2025

Rule 410.

(a)

Prohibited Uses.

In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:

(1)

a guilty plea that was later withdrawn;

(2)

a nolo contendere plea;

(3)

a statement made during a proceeding on either of those pleas under Federal Rule of Criminal Procedure 11 or a comparable state procedure; or

(4)

a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.

(b)

Exceptions.

The court may admit a statement described in Rule 410(a)(3) or (4):

(1)

in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or

(2)

in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1933; Pub. L. 94–149, § 1(9), Dec. 12, 1975, 89 Stat. 805; Apr. 30, 1979, eff. Dec. 1, 1980; Apr. 26, 2011, eff. Dec. 1, 2011.)