2.04.160 [Rule 13] Inadmissibility of Pleas, Plea Discussions, and Related Statements

(a) 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(1) A plea of guilty which was later withdrawn.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) Any statements made in the course of any proceedings under Rule 11 of the Federal Rules of Criminal Procedure or comparable tribal or state procedure regarding the foregoing plea; or

(3) 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for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.

(b) However, such a statement is admissible (a) in any proceeding when 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 (b) 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.