Section IV · Relevancy and Its Limits
Rule 410. Pleas, plea discussions, and related statements
2024 Manual for Courts-Martial, United States
See all changes(a) Prohibited Uses. Evidence of the following is not admissible against the accused who made the plea or participated in the plea discussions:
(1) a guilty plea that was later withdrawn;
(2) a nolo contendere plea;
(3) any statement made in the course of any judicial inquiry regarding either of the foregoing pleas; or
(4) any statement made during plea discussions with the convening authority, staff judge advocate, trial counsel or other counsel for the government if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
(b) Exceptions. The military judge may admit a statement described in subdivision (a)(3) or (a)(4):
(1) when 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 proceeding for perjury or false statement, if the accused made the statement under oath, on the record, and with counsel present.
(c) Request for Administrative Disposition. A "statement made during plea discussions" includes a statement made by the accused solely for the purpose of requesting disposition under an authorized procedure for administrative action in lieu of trial by court-martial; "on the record" includes the written statement submitted by the accused in furtherance of such request.