TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 5, 2012
RE: Rule 615, N.D.R.Ev., Excluding Witnesses
Form and style amendments to Rule 615 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
A new part (d) prevents exclusion of "a person authorized by statute to be present." This was added to the federal statute in 1998 in response to the Victim's Rights and Restitution Act. N.D.C.C. § 29-07-14, which is already referenced in the rule, lists people who cannot be excluded from a preliminary examination. N.D.C.C. § 12.1-34-02 specifically references a victim's right to be present throughout the trial "except as provided by Rule 615." A copy of this statute is attached. The 1998 federal language is included in the proposal for the Committee's discussion.