Rule 410. Pleas, Plea Discussions, and Related Statements

(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(1)   a guilty plea that was later withdrawn;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 Federal Rule of Criminal Procedure 11 or a comparable state procedure; 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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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. The court may admit a statement described in Rule 410(a)(3) or (4):

(1)   in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or

(2)   in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.

2011 Advisory Committee Note. – The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. This rule is the federal rule, verbatim.

ADVISORY COMMITTEE NOTE

This rule is the federal rule, verbatim. There was no comparable rule in the Utah Rules of Evidence (1971). However, withdrawn pleas of guilty have been ruled inadmissible by the Utah Supreme Court. State v. Jensen, 74 Utah 299, 279 P. 506 (1929).

Rule 410(4) does not cover plea negotiations with public officials other than prosecuting attorneys. There are still constitutional limitations on the use of statements obtained from suspects. See Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966); Massiah v. United States, 377 U.S. 201, 84 S. Ct. 1199, 12 L. Ed. 2d 246 (1964).