Idaho R. Evid. 410

As amended through November 5, 2024
Rule 410 - 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 was a participant 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(1) a guilty plea that was later withdrawn;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 Idaho Criminal Rule 11 or a comparable federal or state procedure; 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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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. The court may admit a statement described in Rule 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; 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; or
(3) under subsection (a)(3) above, in the same criminal action or proceeding for impeachment purposes.

Id. R. Evid. 410

Adopted January 8, 1985, effective 7/1/1985; amended March 26, 2018, effective 7/1/2018; amended January 13, 2021, effective 1/13/2021.