Admission of evidence concerning withdrawn pleas in criminal cases, offers to plead, and
related statements is governed by Rule 3A:8(c)(6) of the Rules of Supreme Court of Virginia and by applicable provisions of the Code of Virginia.
Rule 2:410.Withdrawn Pleas, Offers to Plead, and Related Statements.
Part Two: Virginia Rules of Evidence · Last amended 2023 · Last verified July 16, 2026
In one sentenceRule 2:410 does not itself set a standard for withdrawn pleas, plea offers, or related statements, but instead points to Rule 3A:8(c)(6) and applicable provisions of the Code of Virginia as the governing law on their admissibility.
Full Text of Rule 2:410
Plain-English Summary
Rule 2:410 is a cross-reference rather than a freestanding rule. Instead of stating its own standard for when a withdrawn guilty plea, an offer to plead guilty, or a statement made in connection with plea discussions can be used as evidence, it directs readers to Rule 3A:8(c)(6) of the Rules of Supreme Court of Virginia — the criminal procedure rule governing pleas — and to whatever provisions of the Code of Virginia apply.
Placing this rule inside the Rules of Evidence, even though the operative standard lives elsewhere, tells a practitioner working through Article IV that this topic exists and where to find it, rather than leaving a silent gap that might be mistaken for an oversight. Anyone researching whether a withdrawn plea or plea-related statement can come into evidence needs to go to Rule 3A:8(c)(6) and the relevant Code sections directly, not to Rule 2:410 itself.
Frequently Asked Questions
Does Rule 2:410 set its own standard for admitting withdrawn pleas as evidence?
No. Rule 2:410 states that admission of evidence concerning withdrawn pleas, offers to plead, and related statements is governed by Rule 3A:8(c)(6) of the Rules of Supreme Court of Virginia and applicable provisions of the Code of Virginia, rather than stating an independent standard.
Where do I look to find out whether a withdrawn plea can be used as evidence?
Rule 3A:8(c)(6) of the Rules of Supreme Court of Virginia, along with any applicable provisions of the Code of Virginia — Rule 2:410 points to those sources rather than restating them.
Does Rule 2:410 apply to civil cases?
By its terms, the rule addresses withdrawn pleas and offers to plead in criminal cases, since pleas and plea offers are features of criminal, not civil, proceedings.
Why include a rule in the evidence code that just points to another rule?
To keep the Rules of Evidence complete as a reference. Placing Rule 2:410 in Article IV flags that the topic of withdrawn pleas and related statements exists and directs the reader to the governing source, rather than leaving the subject unaddressed within the evidence rules.
What kinds of statements does Rule 2:410 cover besides the withdrawn plea itself?
The rule’s title covers offers to plead and “related statements” — meaning statements made in connection with plea discussions or negotiations — in addition to the withdrawn plea itself, with the governing standard found in Rule 3A:8(c)(6) and applicable Code provisions.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated March 27, 2023; effective immediately.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: withdrawn guilty plea evidence virginiaplea offer inadmissible virginia criminal caserule 3A:8 plea evidence virginiaplea negotiation statements evidence virginia