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against the defendant who made the plea or participated in the plea discussions: (1) a guilty plea that was later withdrawn; (2) a nolo contendere plea; (3) a statement made during a proceeding on either of those pleas under Federal Rule of Criminal Procedure 11 or a com- parable state procedure; or 7 FEDERAL RULES OF EVIDENCE Rule 412 (4) a statement made during plea discussions with an attor- ney for the prosecuting authority if the discussions did not re- sult in a guilty plea or they resulted in a later-withdrawn guilty plea.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 dur- ing 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. (As amended 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.)