Md. R. Evid. 5-410

As amended through July 15, 2021
Rule 5-410 - Inadmissibility of Pleas, Plea Discussions, and Related Statements
(a)Generally. Except as otherwise provided in this Rule, evidence of the following is not admissible against the defendant who made the plea or was a participant in the plea discussions:
(1) a plea of guilty which was not accepted or which was later withdrawn or vacated;
(2) a plea of nolo contendere, except as otherwise provided in these rules;
(3) any statement made in the course of any proceedings under Rule 4-243 or comparable state or federal procedure regarding a plea specified in subsection (a)(1) or (a)(2) of this Rule, except in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath and on the record; or
(4) any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or nolo contendere or which result in a plea of guilty or nolo contendere which was not accepted or was later withdrawn or vacated.
(b) Exceptions.
(1) A statement of a type specified in subsections (a)(3) or (a)(4) of this Rule is not excluded under this Rule 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 with it;
(2) A statement of the type specified in subsection (a)(3) of this Rule may be admissible in a subsequent civil proceeding as a prior inconsistent statement, if offered to attack the credibility of the person who made the statement.
(c) Definition. For purposes of this Rule, a guilty plea that is the subject of an appeal from the District Court to the circuit court is not considered withdrawn or vacated.

Md. R. Evid. 5-410

This Rule is derived from F.R.Ev. 410.

Adopted Dec. 15, 1993, eff. July 1, 1994. Amended June 5, 1996, eff. Jan. 1, 1997; June 6, 2016, eff. July 1, 2016.


2016 Orders

The June 6, 2016, order revised an internal reference in the Rule.

Rule 19-737(g).