TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 9, 2012
RE: Rule 707, N.D.R.Ev., Analytical Report Admission; Confrontation
No form and style amendments are proposed for Rule 707, which is a fairly new and unique North Dakota rule.
The Supreme Court created Rule 707 in response to the Melendez-Diaz case and sent it to the Committee for review. The Committee made some amendments and returned it to the Court. The Court then made further amendments and the rule in place now reflects those amendments.
A copy of the current rule is attached - the amendments made by the Court are highlighted. A copy of the legislative version of the rule showing deleted language is also attached. There has been some controversy at the trial court level about the meaning of the revised language in subdivision (b).
Federal amendments dealing with Melendez-Diaz have been circulated for comment. A copy of these amendments, which would add a notice requirement to Rule 803, are attached.