STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Rules of Evidence 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(1)  a guilty plea that was later withdrawn;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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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.

(Adopted March 26, 2018, effective July 1, 2018; amended January 13, 2021, effective January 13, 2021.)