§ Rule 5.410. Inadmissibility of pleas, plea discussions, and related statements

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Rule 5.410. Inadmissibility of pleas, plea discussions, and related statements

Except as otherwise provided in this rule or Iowa R. Crim. P. 2.10(5), evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions:

(1) A plea of guilty which was later withdrawn.

(2) A plea of nolo contendere in a federal court or criminal proceeding in another state.

(3) Any statement made in the course of any proceedings under Fed. R. Crim. P. 11, Iowa R. Crim. P. 2.10, or comparable procedure in other states regarding either of the foregoing pleas.

(4) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.

However, such a statement is admissible under either of the following circumstances:

(i) In any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it.

(ii) In 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.