Law Students

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

FEDERAL RULES OF EVIDENCE

ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related
Statements

Except as otherwise provided in this rule, evidence of the following is not, in any civil or
criminal proceeding, admissible against the defendant who made the plea or was a
participant in the plea discussions:

(1) a plea of guilty which was later withdrawn;

(2) a plea of nolo contendere;

(3) any statement made in the course of any proceedings under Rule 11 of the Federal Rules
of Criminal Procedure or comparable state procedure regarding either of the foregoing
pleas; or

(4) any statement made in the course of plea discussions with an attorney for the
prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty
later withdrawn.

However, such a statement is admissible (i) in any proceeding wherein another statement
made in the course of the same plea or plea discussions has been introduced and the
statement ought in fairness be considered contemporaneously with it, or (ii) in a criminal
proceeding for perjury or false statement if the statement was made by the defendant under
oath, on the record and in the presence of counsel.

Notes Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

Rule 403 Notes
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time-LII  
Rule 403 Legal Information Institute-LII
Rule 403 Notes Legal Information Institute-LII
Rule 409. Payment of Medical and Similar Expenses-LII
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements-LII
Law Students

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements