TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 4, 2012
RE: Rule 404, N.D.R.Ev., Character Evidence; Crimes or Other Acts
Form and style amendments to Rule 404 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
The federal rule requires that the defendant request notice from the prosecutor of an intent to use Rule 404(b) evidence. As discussed in the explanatory note, North Dakota does not place any duty to request notice on the defendant - the prosecutor is obligated to provide notice. This approach has been retained in the proposed amendments.