OFFER TO PLEAD GUILTY; NOLO CONTENDERE;
PLEA OF GUILTY PLEAS, PLEA DISCUSSIONS, AND RELATED
STATEMENTS Evidence of a plea of guilty, later withdrawn, or a plea of nolo
contendere, or of an offer
to plead guilty or nolo contendere to the crime charged or any other crime, or of statements
made in connection with and relevant to any of the foregoing withdrawn pleas or offers, is
not admissible in any civil or criminal proceeding against the person who made the plea or
(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(1) a guilty plea that was later withdrawn;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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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
statements statement made in court on the record in connection with
any of the foregoing
pleas or offers where 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 in any case the statement was made under
oath , and on the record , and
in the presence of counsel.
Rule 410 was amended, effective March 1, 2014.
Rule 410 governs the admissibility of withdrawn guilty pleas, pleas of nolo contendere, or
offers to plead against the person making the plea or offer. The rule prohibits admission of
the pleas and offers themselves, and of statements made in connection with and relevant to
the withdrawn pleas or offers.
The emphasized language was added by the committee to
insure that only Only discussion necessary to negotiation is protected.
The Rule 410 does not prohibit the use of plea-related statements
when offered for
impeachment purposes or in a subsequent prosecution against the defendant for perjury or
false statement if the statement was made under oath and on the record.
It should be noted that the latest amendment to Rule 410, P.L. 94-149(9), 89 Stat.
(1975), does not allow use of plea-related evidence for impeachment purposes, and allows
such evidence to be admitted in a subsequent prosecution for perjury or false statement only
if the statement was made under oath, on the record, and in the presence of counsel.
Rule 410 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of April 26-27, 2012,
pages 17-18; June 4,
1976, page 37; April 8, 1976, page 24; October 1, 1975, page 4. Rule
Fed.R.Ev. 410 ,
Federal Rules of Evidence; Rule 410, SBAND proposal.
Considered: N.D.C.C. §§ 29-21-38, 33-12-24.