(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(1) a guilty plea that was later withdrawn;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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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.
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Rule 410 governs the admissibility of withdrawn guilty pleas, pleas of nolo contendere, or offers to plead against the person making the plea or offer.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prohibits admission of the pleas and offers themselves, and of statements made in connection with and relevant to the withdrawn pleas or offers. Only discussion necessary to negotiation is protected.
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.
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. Fed.R.Ev. 410; Rule 410, SBAND proposal.
CONSIDERED: N.D.C.C. §§ 29-21-38, 33-12-24.
Cross Reference: N.D.R.Crim.P. 11 (Pleas).