Rule 410 Pleas, Plea Discussions, and Related Statements
Rule 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(1) a guilty plea that was later withdrawn;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 Fed.R.Crim.P. 11, N.D.R.Crim.P. 11, or comparable procedure in another state; 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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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. This rule does not apply to the introduction of a voluntary and reliable statement made in court on the record in connection with a plea discussion or plea proceeding when the statement is offered for impeachment purposes or in a subsequent prosecution of the declarant for perjury or false statement, but only if the statement was made under oath and on the record.
Amendment history: (Adopted June 4, 1976; amended Mar. 1, 2014.)