(1) Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions: a plea of guilty which was later withdrawn;
(2) a plea of nolo contendere;
(3) any statement made in the course of any proceedings under Rule 11 of the Federal Rules of Criminal Procedure or comparable state procedure regarding either of the foregoing pleas; or
(4) any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn. However, such a statement is admissible (i) in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it, or (ii) in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel.
(As amended Dec. 12, 1975; Apr. 30, 1979, eff. Dec. 1, 1980.)
added in current removed in current
Compared to current version (2025).
(1a) Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding,Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or was a participanted in the plea discussions: a plea of guilty which
(1) a guilty plea that was later withdrawn;
(2) a plea of nolo contendere plea;
(3) any statement made in the course of any proceedings under Rule 11 of theduring a proceeding on either of those pleas under Federal Rules of Criminal Procedure 11 or a comparable state procedure regarding either of the foregoing pleas; or
(4) any statement made in the course ofduring plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or whichif the discussions did not result in a guilty plea or they resulted in a plea of guilty later withdrawn. However, such a statement is admissible (ilater-withdrawn guilty plea.
(b) Exceptions. The court may admit a statement described in Rule 410(a)(3) or (4):
(1) in any proceeding whereinin which another statement made in the course ofduring the same plea or plea discussions has been introduced and, if in fairness the statements ought in fairnessto be considered contemporaneously with it, or (iitogether; or
(2) in a criminal proceeding for perjury or false statement, if the statement wasdefendant made by the defendastatement under oath, on the record, and in the presence of counsel.
(As amended Dec. 12, 1975; Apr. 30, 1979, eff. Dec. 1, 1980with counsel present. (As amended Pub. L. 94-149, § 1(9), Dec. 12, 1975, 89 Stat. 805; Apr. 30, 1979, eff. Dec. 1, 1980; Apr. 26, 2011, eff. Dec. 1, 2011.)