TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 4, 2012
RE: Rule 301, N.D.R.Ev., Presumptions in a Civil Case Generally
Form and style amendments to Rule 301 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
The text of Rule 301 is substantially different from the federal rule so the form and style amendments proposed were made by staff. The Committee may wish to discuss whether to substitute the simpler federal language for the unique North Dakota language.
The explanatory note for Rule 301 contains an extended explanation of presumptions. Much of this material is deleted in the proposed amendments. The Committee may wish to consider whether the proposed deletions are appropriate.