§ Evid R 410 Inadmissibility of pleas, offers of pleas, and related statements

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Evid R 410 Inadmissibility of pleas, offers of pleas, and related statements

(A) Except as provided in division (B) of this rule, evidence of the following is not admissible in any civil or criminal proceeding against the defendant who made the plea or who was a participant personally or through counsel in the plea discussions:

(1) a plea of guilty that later was withdrawn;

(2) a plea of no contest or the equivalent plea from another jurisdiction;

(3) a plea of guilty in a violations bureau;

(4) any statement made in the course of any proceedings under Rule 11 of the Rules of Criminal Procedure or equivalent procedure from another jurisdiction regarding the foregoing pleas;

(5) any statement made in the course of plea discussions in which counsel for the prosecuting authority or for the defendant was a participant and that do not result in a plea of guilty or that result in a plea of guilty later withdrawn.

(B) A statement otherwise inadmissible under this rule is admissible in either of the following:

(1) any proceeding in which another statement made in the course of the same plea or plea discussions has been introduced and the statement should, in fairness, be considered contemporaneously with it;

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