South Dakota § 19-19-410 Pleas, plea discussions, and related statements.

South Dakota Statutes

§ 19-19-410 — Pleas, plea discussions, and related statements.

South Dakota·Title 19 EVIDENCE·Ch. 19-18 SOUTH DAKOTA RULES OF EVIDENCE

(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(1)A guilty plea that was later withdrawn;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 §§ 23A-7-2 to 23A-7-15 , inclusive; 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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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 this section in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.

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(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against the defendant who made the plea or participated in the plea discussions: (1) A guilty plea that was later withdrawn; (2) A nolo contendere plea; (3) A statement made during a proceeding on either of those pleas under §§ 23A-7-2 to 23A-7-15 , inclusive; or (4) A statement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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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 this section in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.

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