TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 11, 2012
RE: Rule 803, N.D.R.Ev., Hearsay Exceptions; Availability of Declarant Immaterial
Form and style amendments to Rule 803 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
Paragraph (6) of the proposed amendments refers to "a certification that complies with Rule 902(11) or (12) or with a statute permitting certification." This is new language and this type of certification is a new addition to Rule 902.
The proposed amendments are attached.