Rule 11-410 Pleas, plea discussions, and related statements.
ARTICLE 4 Relevancy and Its Limits
Rule Text
A. Prohibited uses. In a civil, criminal, or children’s court 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(1) a guilty plea that was later withdrawn;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) an admission in a delinquency case;
(4) a statement made during a proceeding on any of those pleas or admissions in any court;
(5) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or resulted in a later-withdrawn guilty plea.
B. Exceptions. The court may admit a statement described in Rule 11-410(A)(4) or (5) NMRA
(1) in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness both 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.
Amendment history: As amended, effective February 1, 2000; as amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012. As amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.