§ 2410.Pleas and Plea Discussions - Admissibility of Evidence
Chapter 40: Oklahoma Evidence Code · Last amended September 1, 1991 · Last verified August 3, 2026
In one sentenceMakes a withdrawn guilty plea, a nolo contendere plea, related court statements, and unproductive plea-discussion statements inadmissible against the defendant in any civil or criminal proceeding, with exceptions for completeness and for perjury or false-statement prosecutions.
A.Except as otherwise provided in this section 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:
3.Any statement made in the course of any proceedings under state 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the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty which is later withdrawn.
1.Any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement, as a matter of justice, should be considered contemporaneously with it; or
2.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.
Amendment History
Laws 1978, SB 276, c. 285, § 410, eff. 10/1/1978; Amended by Laws 1991, HB 1381, c. 62, § 3, eff.
9/1/1991.
Plain-English Summary
This section, Oklahoma's version of Federal Rule of Evidence 410, protects the plea-bargaining process. Four things are off-limits against the defendant who made the plea or participated in the discussions: a guilty plea later withdrawn, a plea of nolo contendere, statements made in the court proceedings on either of those pleas, and statements made during plea discussions with a prosecutor that didn't lead to a guilty plea, or led to one that was later withdrawn.
Two exceptions let the statements back in. If another statement from the same plea or discussion has already been introduced, fairness may call for considering this one alongside it. And in a criminal prosecution for perjury or false statement, a statement made by the defendant under oath, on the record, and with counsel present is admissible.
Frequently Asked Questions
Can a withdrawn guilty plea be used against a defendant later?
No. Section 2410(A)(1) makes a guilty plea that was later withdrawn inadmissible against the defendant who made it.
What about statements made during plea negotiations that fell through?
Also protected. Subsection A(4) covers statements made in plea discussions with a prosecutor that didn't result in a guilty plea, or resulted in one that was later withdrawn.
Are there any situations where these statements can be used against the defendant?
Yes, two. When fairness calls for considering it alongside another statement from the same plea discussion already in evidence, or in a perjury or false-statement prosecution if the statement was made under oath, on the record, with counsel present.
Does this rule protect a plea of nolo contendere?
Yes. Subsection A(2) lists a plea of nolo contendere among the things that aren't admissible against the defendant.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma plea discussions inadmissible12 O.S. § 2410FRE 410 oklahoma equivalentwithdrawn guilty plea evidence oklahoma