Kentucky · Snapshot 09/05/2026

KRE 410: Inadmissibility of pleas, plea discussions, and related statements

Except as otherwise provided in this rule, evidence of the following is not, in any civil or
criminal proceeding, admissible against the defendant who made the plea or was a
participant in the plea discussions:
(1) A plea of guilty which was later withdrawn;
(2) A plea of nolo contendere in a jurisdiction accepting such pleas;
(3) Any statement made in the course of formal plea proceedings, under either state
procedures or Rule 11 of the Federal Rules of Criminal Procedure, regarding either
of the foregoing pleas; or
(4) Any statement made in the course of plea discussions with an attorney for the
prosecuting authority which do not result in a plea of guilty or which result in a plea
of guilty later withdrawn.
However, such a plea or statement is admissible (i) in any proceeding wherein another
statement made in the course of the same plea or plea discussions has been introduced
and the statement ought in fairness be considered contemporaneously with it, or (ii) in a
criminal proceeding for perjury or false s tatement if the statement was made by the
defendant under oath, on the record and in the presence of counsel.

Where this section sits in the code

KENTUCKY RULES OF EVIDENCE ----- Legislative Research Commission Note (7/1/92). Although denominated "rules," the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court "adopt[ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116."

Except as otherwise provided in this rule, evidence of the following is not, in any civil or

criminal proceeding, admissible against the defendant who made the plea or was a

participant in the plea discussions:

(1) A plea of guilty which was later withdrawn;

(2) A plea of nolo contendere in a jurisdiction accepting such pleas;

(3) Any statement made in the course of formal plea proceedings, under either state

procedures or Rule 11 of the Federal Rules of Criminal Procedure, regarding either

of the foregoing pleas; or

(4) Any statement made in the course of plea discussions with an attorney for the

prosecuting authority which do not result in a plea of guilty or which result in a plea

of guilty later withdrawn.

However, such a plea or statement is admissible (i) in any proceeding wherein another

statement made in the course of the same plea or plea discussions has been introduced

and the statement ought in fairness be considered contemporaneously with it, or (ii) in a

criminal proceeding for perjury or false s tatement if the statement was made by the

defendant under oath, on the record and in the presence of counsel.

Collected 2026-09-05T21:00:10Z. Source file · JSON

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