Joint Procedure Committee - January 26-27, 2012, Agenda

Joint Procedure Committee - January 2012 Agenda

N.D.R.Ev.

RULE 302. ~~APPLICABILITY OF FEDERAL LAW IN CIVIL ACTIONS AND PROCEEDINGS~~ APPLYING FEDERAL LAW TO PRESUMPTIONS IN CIVIL CASES

In civil actions and proceedings, the effect of a presumptions respecting a fact which is an element of a claim or defense as to which federal law supplies the rule of decision is determined in accordance with federal law.

In a civil case, federal law governs the effect of a presumption regarding a claim or defense for which federal law supplies the rule of decision.

EXPLANATORY NOTE

Rule 301 was amended, effective________________.

"Parallel jurisdiction in state and federal courts exists in many instances. The modification of Rule 302 is made in recognition of this situation. The rule prescribes that when a federally created right is litigated in a state court, any prescribed federal presumption shall be applied." Comment, Rule 302, Uniform Rules of Evidence (1974).

Rule 302 was amended, effective ______________, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.

Sources: Joint Procedure Committee Minutes: of___________________; June 4, 1976, page 28; April 8, 1976, page 19. Rule 302, Uniform Rules of Evidence (1974).