M E M O

To: Joint Procedure Committee

FROM: Gerhard Raedeke

RE: Rule 43, N.D.R.Civ.P.; Taking of Testimony

Rule 43, Fed.R.Civ.P., was amended, effective December 1, 1996, to allow testimony in open court by means other than oral testimony. For example, if a witness is not able to communicate orally, testimony could be taken through writing, sign language, or other means.

The amendment also allows contemporaneous transmission of testimony from a different location for good cause shown in compelling circumstances. For example, remote transmission might be used when a witness is unable to attend trial for unexpected reasons, such as accident or illness. See Rule 43, Fed.R.Civ.P., Advisory Committee Notes.

Should Rule 43, N.D.R.Civ.P., be amended to follow the 1996 federal amendment?