SCRE 410

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(1) a plea of guilty which was later withdrawn;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

(3) any statement made in the course of any court proceedings 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authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.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 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 statement

if the statement was made by the defendant under oath, on the record and in the presence of counsel.

Note:

Except for subsection (3), this rule is identical to the federal rule. Subsection (3) was

amended because South Carolina has no equivalent to Rule 11 of the Federal Rules of

Criminal Procedure. It should be noted that convictions based on pleas of nolo

contendere are admissible under Rule 609 for impeachment. The rule is consistent

with prior South Carolina law. State v. Mathis, 287 S.C. 589, 340 S.E.2d 538 (1986);

State v. Lynn, 277 S.C. 222, 284 S.E.2d 786 (1981).