TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 18, 2013
RE: Rule 1101, N.D.R.Ev., Applicability of Rules
Form and style amendments to Rule 1101 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 subdivision (e) has been added to the rules to account for situations in which a court rule outside the Rules of Evidence may be relevant to the admission or rejection of evidence in a particular situation.
Reference to proceedings before "family court counselors" was deleted. The authorizing statute has been repealed.
N.D.C.C. § 14-17-09, repealed in 2005, authorized an informal pretrial hearing in a Uniform Parentage Act case. Rule 1101 excluded such hearings from the Rules of Evidence. Staff could locate no reference to such hearings in the current UPA, but the proposed amendments continue to exclude pretrial hearings under the UPA from the Rules of Evidence. Committee members currently practicing in these cases may be able to comment on whether continued exclusion under the rule is appropriate.