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(1)  a guilty plea that was later withdrawn;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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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


As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello
Judge Michael P. Tribe



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