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against the defendant who made the plea or participated in the plea discussions: (1) A guilty plea that was later withdrawn.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. December 2022 EVIDENCE Ch 5, p.5 (3) A statement made during a proceeding on either of those pleas under Fed. R. Crim. P. 11, Iowa R. Crim. P. 2.10, or a comparable state procedure. (4) A statement made during plea discussions with an attorney for the prosecuting authority if the discussions do not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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 5.410(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. (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. [Report 1983; July 31, 1987, effective October 1, 1987; November 9, 2001, effective February 15, 2002; September 28, 2016, effective January 1, 2017]