Also known as: Federal Rule of Evidence 410 · FRE410 · Rule 410 · Fed. R. Evid. 410
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence rendering inadmissible against a defendant a withdrawn guilty plea, a nolo contendere plea, statements made during proceedings on those pleas, and statements made during plea discussions with a prosecuting attorney that did not result in a guilty plea or resulted in a later-withdrawn guilty plea.
Frank Fisher entered plea negotiations with the prosecutor and made incriminating statements about his role in a fraud scheme. He signed a written waiver agreeing that those statements could be used to impeach him if he later testified inconsistently at trial. When Frank took the stand and denied any involvement, the prosecutor introduced the negotiation statements to contradict his testimony.
Francesca Fowler entered a guilty plea during a hearing and made statements under oath admitting she had falsified shipping records. She later withdrew the plea. In a subsequent civil suit brought by affected customers, the plaintiffs sought to introduce those hearing statements as substantive evidence of her conduct. The court permitted their use only for impeachment if Francesca testified inconsistently, not as part of the case-in-chief.
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Yes. The rule bars use of the listed pleas and statements against the defendant in any civil or criminal case.
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A defendant may waive the rule's protections if the waiver is voluntary and knowing, allowing statements from plea negotiations to be used for impeachment.
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No. The rule excludes the nolo plea itself but does not categorically bar the judgment of conviction, whose admissibility is governed by other rules such as Rule 803(22).
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Another statement from the same plea proceeding or discussion must already have been introduced, and fairness must require that the protected statement be considered together with it.
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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…