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Rule 410.?Pleas, Plea Discussions, and RelatedStatements.

 

(a)   Prohibited Uses. In a civil or criminalcase, evidence of the following is not admissible against the defendant whomade the plea or participated in the plea discussions:

(a)(1)   a guilty plea that waslater withdrawn;

 

(a)(2)   a nolo contendere plea;

 

(a)(3)   a statement made duringa proceeding on either of those pleas under Federal Rule of Criminal Procedure 11 or a comparable stateprocedure; or

 

(a)(4)   a statement made duringplea discussions with an attorney for the prosecuting authority if thediscussions did not result in a guilty plea or they resulted in alater-withdrawn guilty plea.

 

(b)   Exceptions. The court may admit astatement described in Rule 410(a)(3)or (4):

(b)(1)   in any proceeding in which another statementmade during the same plea or plea discussions has been introduced, if infairness the statements ought to be considered together; or

 

(b)(2)   in a criminal proceeding forperjury or false statement, if the defendant made the statement under oath, onthe record, and with counsel present.

 

 

2011Advisory Committee Note. ?The language of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intendedto be stylistic only. There is no intent to change any result in any ruling onevidence admissibility. This rule is the federal rule, verbatim.

 

Original Advisory CommitteeNote.? This rule is the federal rule, verbatim. There was no comparablerule in the Utah Rules of Evidence (1971). However, withdrawnpleas of guilty have been ruled inadmissible by the Utah Supreme Court. Statev. Jensen, 74 Utah 299, 279 P. 506 (1929).

 

Rule410(4) does not cover plea negotiations with public officials other thanprosecuting attorneys. There are still constitutional limitations on the use ofstatements obtained from suspects. See Miranda v. Arizona, 384 U.S. 436,86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966); Massiah v. United States, 377 U.S. 201,84 S. Ct. 1199, 12 L. Ed. 2d 246 (1964).