Del. R. Evid. 410

As amended through November 4, 2021
Rule 410 - Pleas, Plea Discussions, and Related Statements

Except as otherwise provided in this rule, evidence of a plea of guilty later withdrawn with court permission, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, a plea of nolo contendere or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for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.

Del. R. Evid. 410

Amended November 28, 2017, effective January 1, 2018.

Comment

D.R.E. 410 differs in format and scope from F.R.E. 410. First, D.R.E. 410 applies only "against the person who made the plea or offer," whereas F.R.E. 410 applies "against the defendant who made the plea or participated in the plea discussions." Second, under F.R.E. 410(a)(4) statements made in the course of plea discussions with anyone but "an attorney for the prosecuting authority" fall outside the federal exclusionary rule. Finally, F.R.E. 410(b)(1) expressly permits the admission of a statement when part of the statement already has been admitted. The Permanent Advisory Committee on the Delaware Uniform Rules of Evidence considered such a provision unnecessary in D.R.E. 410. The admission of partial statements is addressed by D.R.E. 106.

The pre-2017 "Comment to D.R.E. 410 was revised only as necessary to reflect the current language of F.R.E. 410. There is no intent to change any result in ruling on evidence admissibility.