Vt. R. Evid. 410

As amended through January 9, 2023
Rule 410 - Inadmissibility of Pleas, Plea Discussions, and Related Statements

Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant or ward who made the plea or was a participant in the plea discussions:

(1) a plea of guilty which was later withdrawn;
(2) a plea of nolo contendere;
(3) any statement made in the course of any proceedings under Rule 11 of the Vermont Rules of Criminal Procedure or comparable state or federal procedure regarding either of the foregoing pleas;
(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for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn. 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; or
(5) in proceedings under Family Court Rule 6(d) any waiver or admission which was later withdrawn, any statements made in the course of proceedings under Family Court Rule 6(d) regarding a waiver or admission which was later withdrawn, or any statement made in the course of discussions with an attorney for the state which do not result in a waiver or admission or which result in a waiver or admission which was later withdrawn.

Vt. R. Evid. 410

Amended Jan. 8, 1985, eff. 3/7/1985; Aug. 22, 1991, eff. 11/1/1991.