Rule 410 — Pleas, Plea Discussions, and Related Statements

Fed. R. Evid. 410

• Source: Federal Rules of Evidence
• Rule: 410
• ARTICLE IV: RELEVANCE AND ITS LIMITS
• Citation: Fed. R. Evid. 410

Text

(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(1) a guilty plea that was later withdrawn;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 com-
parable state procedure; or

(4) a statement made during plea discussions with an attor-
ney for the prosecuting authority if the discussions did not re-
sult in a guilty plea or they resulted in a later-withdrawn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 dur-
ing 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.

Advisory Committee Notes

(As amended 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.)