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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 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(1) A plea of guilty which was later withdrawn;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 in a jurisdiction accepting such pleas;
(3) Any statement made in the course of formal plea proceedings, under either
state procedures or Rule 11 of the Federal Rules of Criminal Procedure,
regarding either of the foregoing pleas; 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 which result in a
plea of guilty later withdrawn.
However, such a plea or 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.
Effective:May 1, 2007
History: Enacted 1990 Ky. Acts ch. 88, sec. 20; amended 1992 Ky. Acts ch. 324,
sec. 7; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34;
amended May 1, 2007, Supreme Court of Kentucky Order 2007-02.
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