TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 12, 2013
RE: Rule 509, N.D.R.Ev., Identity of Informer
Proposed amendments to Rule 509 based on the 1999 amendments to the Uniform Rules of Evidence are attached. The amendments seem primarily intended to simplify the language of the rule and to improve its organization. "Person" is changed to "individual" throughout the rule.
Subdivision (e) details the extent of the privilege under Rule 509 when an informer is relied on to establish the legality of the means by which evidence was obtained. This subdivision was derived from the rules of privilege that were proposed for, but never enacted as part of, the Federal Rules of Evidence. It is not part of the Uniform Rule.