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ARTICLE IV. RELEVANCY AND ITS LIMITS

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Rule 404
Rule 405
Rule 406
Rule 407
Rule 408
Rule 409
Rule 410
Rule 411
Rule 413
Rule 414
Rule 415
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 4[10]09. Inadmissibility of Pleas, Plea Discussions, and Related Statements [changes highlighted]

Except as otherwise provided in this rule, 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(1) a plea of guilty which was later withdrawn, or set aside on appeal or collateral attack;

(2) a plea of nolo contendere;

(3) any statement made in the course of any proceedings under Rule 11 of the Federal Rules of Criminal Procedure or comparable state procedure regarding either of the foregoing pleas; or

(4) any statement made by either party in the course of plea discussions [with ]between the defendant and an attorney for the prosecuting authority, or an agent of the attorney for the prosecuting authority who the defendant reasonably believed was authorized to negotiate a plea, which do not result in a plea of guilty or which result in a plea of guilty later withdrawn or set aside. However, such a statement is admissible (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, or (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.

Click here to see commentary on Revised Article 410.

Revised Rule 409. Inadmissibility of Pleas, Plea Discussions, and Related Statements [clean copy]

Except as otherwise provided in this rule, 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(1) a plea of guilty which was later withdrawn, or set aside on appeal or collateral attack;

(2) a plea of nolo contendere;

(3) any statement made in the course of any proceedings under Rule 11 of the Federal Rules of Criminal Procedure or comparable state procedure regarding either of the foregoing pleas; or

(4) any statement made by either party in the course of plea discussions between the defendant and an attorney for the prosecuting authority, or an agent of the attorney for the prosecuting authority who the defendant reasonably believed was authorized to negotiate a plea, which do not result in a plea of guilty or which result in a plea of guilty later withdrawn or set aside. However, such a statement is admissible (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, or (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.

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