RULE 402. GENERAL ADMISSIBILITY OF RELEVANT
ADMISSIBLE; IRRELEVANT EVIDENCE INADMISSIBLE All relevant
evidence is admissible, except as otherwise provided by the constitutions of
the United States or the state of North Dakota, by any applicable Act of Congress, by statutes
of North Dakota, by these rules, or by other rules adopted by the supreme court of North
Dakota. Evidence which is not relevant is not admissible.
Relevant evidence is admissible unless any of the following provides otherwise:
(a) the United States Constitution;
(b) the North Dakota Constitution;
(c) a federal statute;
(d) a North Dakota statute;
(e) these rules; or
(f) other rules prescribed by the Supreme Court of North Dakota.
Irrelevant evidence is not admissible.
Rule 402 was amended, effective March 1, 2014.
The focal point of this rule is not the statement that all relevant evidence is admissible and irrelevant evidence is inadmissible, but rather that the many exceptions to this general statement are recognized and left undisturbed. Thus, for example, relevant evidence may be excluded to assure the continued recognition of a defendant's constitutional rights in a criminal action (such as Miranda); to further the socially desirable policies underlying the privileges of Article V of these rules; or to avoid undue delay, prejudice, or confusion of the issues ( Rule 403).
Rule 402 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of April 26-27, 2012,
pages 13-14; April 8,
1976, pages 19, 20; October 1, 1975, page 3. Rule
Fed.R.Ev.402 , Federal Rules of
Evidence; Rule 402, SBAND proposal.
Considered: N.D.C.C. §§ 12-59-04, 12.1-04-05, 23-01-15, 25-13-04, 25-14-01, 27-20-54, 29-29.1-05, 39-06.1-03, 39-16-03, 39-16-11, 41-03-52, 50-09-13, 50-10-08, 50-24-31.1, 65-01-11.