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against the defendant who made the plea or participated in the plea discussions:(1) a guilty plea that was later withdrawn;(2) a nolo contendere plea;(3) a statement made during a proceeding on either of those pleas in any state court proceeding or under Federal Rule of Criminal Procedure 11; or (4) a statement made during plea discussions with the representative of the State if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea. 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.Amended April 20, 2017, eff. 7/1/2017.2016 NHRE Update Committee Note
The amendment made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic changes to the rule.