RULE 903. SUBSCRIBING WITNESS'S TESTIMONY
The testimony of a subscribing witness is not necessary to authenticate a writing
required by the laws of the jurisdiction whose laws govern the validity of the writing.
A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.
Rule 903 was amended, effective March 1, 2014.
By statute Under N.D.C.C. § 31-08-02, the common law
requirement that subscribing
witnesses testify to the authenticity of a document has been was
abrogated . N.D.C.C. §
31-08-02. This rule continues the statutory practice, but provides that those witnesses
testify if required by the laws governing the validity of the writing.
Rule 903 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 September 27, 2012,
page 26; June 3,
1976, page 12. Rule 903, Federal Rules of Evidence Fed.R.Ev. 903;
Rule 903, SBAND
Considered: N.D.C.C. § 31-08-02, ch. 31-09, §§ 47-19-23, 47-19-24.