Also known as:FRE 410 · Federal Rule of Evidence 410 · Rule 410 · FRE410 · Fed. R. Evid. 410
Written by attorneys · grounded in primary & secondary sources — see below
A federal evidentiary rule that renders inadmissible in any civil or criminal case a withdrawn guilty plea, a nolo contendere plea, statements made during proceedings on either plea under Federal Rule of Criminal Procedure 11, and statements made during plea discussions with a prosecutor when the discussions do not result in a guilty plea or result in a later-withdrawn guilty plea. The rule protects the defendant who made the plea or participated in the discussions. Limited exceptions permit admission when fairness requires consideration of another statement from the same discussion or in a criminal perjury prosecution where the statement was made under oath with counsel present.
How it applies
Common Examples
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Waiver Allows Impeachment Use
Frank Fisher faced federal drug charges and entered plea negotiations with the prosecutor. His counsel advised him that any statements could normally be excluded under the rule. Fisher signed a written waiver agreeing that his statements could be used to impeach him if he later testified inconsistently at trial. At trial Fisher took the stand and gave an account that contradicted his earlier negotiation statements. The prosecutor introduced the prior statements solely to impeach his credibility.
Nolo Plea Barred in Civil Suit
Felicia Fuentes entered a nolo contendere plea in a federal criminal antitrust prosecution. After sentencing, several competitors sued her company in civil court and sought to introduce the nolo plea itself to prove her anticompetitive conduct. The court excluded the plea because it was offered against the defendant who had entered it.
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Casebooks
Zenith Radio Corp. v. Matsushita Electric Industries Co.505 F. Supp. 1125 (D.C. Pa.), aff'd in part, 723 F.2d 238 (3d Cir. 1983)
Common questions
Frequently Asked
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Does Rule 410 apply in civil cases?+
Yes. The rule expressly bars the listed plea evidence when offered against the defendant who made the plea or participated in the discussions in any civil or criminal case.
Supporting sources
Can a defendant waive the protections of Rule 410?+
A criminal defendant may waive the protections if the waiver is voluntary and knowing, allowing statements made during plea negotiations to be used for impeachment.
Supporting sources
Does the rule exclude the resulting judgment of conviction after a nolo plea?+
No. Rule 410 excludes only the nolo contendere plea itself. The judgment of conviction may be admissible under other rules such as Rule 803(22).
Supporting sources
What must occur for statements during an informal cafeteria conversation to qualify as protected plea discussions?+
The conversation must involve actual two-way engagement with the prosecutor aimed at resolving the case through compromise. A unilateral suggestion by the defendant met with a non-committal response does not trigger protection.
Supporting sources
513 U.S. 196 (1995)Criminal Procedure
…of Criminal Defense Lawyers et al. as amici curiae urging affirmance. Majority opinion Opinion of Justice Thomas Federal Rule of Evidence 410 and FederalRule of Criminal Procedure 11(e)(6) provide that statements made in the course of plea discussions between a criminal defendant and a prosecutor are inadmissible against the…
EvidencePrivileges and other policy exclusions · Compromise, payment of medical expenses, and plea negotiationsUBEIntermediate