RULE 410. OFFER TO PLEAD GUILTY; NOLO CONTENDERE; WITHDRAWN PLEA OF GUILTY
Evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with and relevant to any of the foregoing withdrawn pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. This rule does not apply to the introduction of voluntary and reliable statements made in court on the record in connection with any of the foregoing pleas or offers where 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, on the record, and in the presence of counsel.
Rule 410 governs the admissibility of withdrawn guilty pleas, pleas of nolo contendere, or offers to plead against the person making the plea or offer.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prohibits admission of the pleas and offers themselves, and of statements made in connection with and relevant to the withdrawn pleas or offers.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 discussion necessary to negotiation is protected.
The Rule 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.
It should be noted that the latest amendment to Federal Rule 410, P.L. 94-149(9), 89 Stat. 805 (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.
SOURCES: Minutes of Joint Procedure Committee: June 4, 1976, page 37; April 8, 1976, page 24;October 1, 1975, page 4. Rule 410, Federal Rules of Evidence; Rule 410, SBAND proposal.
CONSIDERED: 29-21-38, 33-12-24, NDCC.
CONSIDERED: Rule 11(d)(6), NDRCrimP.