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against the defendant who made the plea or participated in the plea discussions: (1) A guilty plea that was later withdrawn; (2) A nolo contendere plea; (3) A statement made during a proceeding on either of those pleas under §§ 23A-7-2 to 23A-7-15 , inclusive; or (4) A statement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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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 this section in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 410); SDCL § 19-12-12 ; SL 2016, ch 239 (Supreme Court Rule 15-32 ), eff. Jan. 1, 2016.