Also known as: FRE 410 · Fed. R. Evid. 410 · Rule 410
Written by attorneys · grounded in primary & secondary sources — see below
A federal evidentiary rule that renders inadmissible against the defendant evidence of a withdrawn guilty plea, a nolo contendere plea, statements made during proceedings on such pleas under Federal Rule of Criminal Procedure 11, and statements made during plea discussions with a prosecutor that did not result in a guilty plea or resulted in a later-withdrawn guilty plea. The rule applies in both civil and criminal cases.
Francois Fortier met with prosecutors to discuss a possible plea in his drug distribution case. He voluntarily and knowingly signed a written waiver allowing the government to use his statements for impeachment if he later testified inconsistently at trial. When Fortier took the stand and gave a different account, the prosecutor introduced the earlier statements to challenge his credibility.
Flora Ford entered a guilty plea pursuant to an agreement that included a waiver of Rule 410 protections. After she withdrew the plea, the government sought to introduce her prior statements at trial. The court enforced the waiver because Ford had entered it voluntarily and with full knowledge of its consequences.
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Yes. The rule explicitly bars use of the covered pleas and statements against the defendant in any civil or criminal case.
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No. Rule 410(a)(2) categorically excludes a nolo contendere plea when offered against the defendant who made it, whether in a later civil or criminal proceeding.
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Yes. A criminal defendant may waive the rule's protections and allow use of plea statements for impeachment if the waiver is voluntary and knowing.
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Protection attaches only if the exchange qualifies as actual plea discussions with an attorney for the prosecuting authority. A unilateral suggestion by the defendant met with a non-committal response does not trigger the rule.
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Yes. Statements made during the proceeding on a nolo contendere plea fall within Rule 410(a)(3) and are inadmissible against the defendant in a subsequent civil action.
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…of Criminal Defense Lawyers et al. as amici curiae urging affirmance. Majority opinion Opinion of Justice Thomas Federal Rule of Evidence 410 and Federal Rule 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…