Rule 410 Inadmissibility of Pleas, Plea Discussions, and Related Statements

• Library: The Illinois Rules of Evidence: A Color-Coded Guide (2019 Ed.)

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(1) a guilty plea that was later withdrawn;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 under Federal Rule of Criminal Procedure 11 or a comparable 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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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.

ILLINOIS RULES OF EVIDENCE

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

Evidence of a plea discussion or any resulting agreement, plea, or judgment is not admissible in any criminal proceeding against the defendant who made the plea or was a participant in the plea discussions under the following circumstances:

(1) a plea of guilty which is not accepted or is withdrawn;
(2) a plea of nolo contendere;
(3) any statement made in the course of any proceedings under Illinois Supreme Court Rule 402 regarding either of the foregoing pleas; or
(4) any statement made in the course of a plea discussion which does not result in a plea of guilty, or which results in a plea of guilty which is not accepted or is withdrawn, or which results in a judgment on a plea of guilty which is reversed on direct or collateral review.

COMMENTARY

Author's Commentary on Ill. R. Evid. 410

IRE 410 is based on Illinois Supreme Court Rule 402(f), and is identical to the federal rule before the latter's amendment solely for stylistic purposes effective December 1, 2011, except that the Illinois rule: (1) is modified to distinguish Illinois from federal proceedings and (2) applies only to criminal and not to civil proceedings. Note also that, effective October 15, 2015, the supreme court amended the original version of IRE 410 in order to make it consistent with Supreme Court Rule 402(f). In addition to clarifying...