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against the defendant who made the plea or participated in the plea discussions: (1) a guilty plea that was later withdrawn; (2) a nolo contendere plea; (3) a statement made during a proceeding on either of those pleas under Fed.R.Crim.P. 11, N.D.R.Crim.P. 11, or comparable procedure in another state; 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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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. This rule does not apply to the introduction of a voluntary and reliable statement made in court on the record in connection with a plea discussion or plea proceeding when the statement is offered for impeachment purposes or in a subsequent prosecution of the declarant for perjury or false statement, but only if the statement was made under oath and on the record.