TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 4, 2012
RE: Rule 406, N.D.R.Ev., Habit; Routine Practice
Form and style amendments to Rule 406 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
Both the federal amendments and the proposed North Dakota amendments omit the words "is relevant" from the rule. Instead, the proposal indicates that evidence of habit or routine practice "may be admitted" under listed circumstances.