Fed. R. Evid. 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a guilty plea that was later withdrawn;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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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.
( Pub. L. 93–595, § 1 , Jan. 2, 1975 , 88 Stat. 1933 ; 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 .)