South Dakota § 19-19-410 - Pleas, plea discussions, and related statements.

Full text of South Dakota South Dakota Codified Laws § 19-19-410 — Pleas, plea discussions, and related statements., with citation guidance and answers to common questions.

§ 19-19-410. 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(1)    A guilty plea that was later withdrawn;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attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.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.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 19-19-410

What does South Dakota Codified Laws § 19-19-410 cover?

Section 19-19-410 ("Pleas, plea discussions, and related statements.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 19-19-410?

A common citation format is "South Dakota Codified Laws § 19-19-410" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 19-19-410 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.