EVIDENCE TAKING TESTIMONY
all trials every trial the testimony of witnesses
shall must be taken orally in open court,
unless otherwise provided by a statute or these rules rule.
All evidence shall be admitted
which is admissible under the statutes of this state, under the North Dakota Rules of
Evidence, or other rules adopted by the North Dakota supreme court.
Rule 26 was amended, effective February 15, 1977; March 1, 2006.
The first sentence of Rule 26 is an adaptation of Fed.R.Crim.P. 26,
modified only to the
extent necessary to conform to the court system of North Dakota.
The 1976 amendment to Rule 26 reflects the effect of the adoption and
promulgation of the
North Dakota Rules of Evidence, which generally control the admissibility of evidence in
criminal trials. This development of a uniform body of rules of evidence was contemplated
in the original rule. It should be emphasized the matters of competency and privileges of
witnesses, although not specifically referred to in the rule, are governed by the North Dakota
Rules of Evidence, unless otherwise provided by statute or other Rules adopted by the
Rule 26 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. 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.
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, page 20;
27-28, 2005, page 21; October 17-20, 1972, pages 28-29; December 11-12, 1968, pages
Joint Procedure Committee Minutes of September 23-24, 1976, pages
79-80 , ;
Fed.R.Crim.P. 26 ; N.D.R.Ev. 101, 1101; Wright, Federal Practice and Procedure:
§ § 401-419 (1969); 8 Moore's Federal Practice, Chapter 26 (Cipes, 2d Ed. (1970);
Barron, Federal Practice and Procedure: Criminal, § § 2151-2185 (1951).
CONSIDERED: N.D.C.C. §§ 29-21-11, 29-21-12.1, 29-21-14, 29-21-38, 31-10-03, 31-10-04, 31-10-05, 31-11-02, 31-11-03, 31-11-04, 31-11-04.1, 31-11-04.2, 31-11-04.3, 31-11-05, 31-11-06, 31-11-07. Chapters 31-04, 31-08, 31-09.
SUPERSEDED: N.D.C.C. §§ 29-21-12, 31-10-01, 31-10-02, 31-11-01.