RULE 402. RELEVANT EVIDENCE GENERALLY ADMISSIBLE; IRRELEVANT EVIDENCE INADMISSIBLE
All relevant evidence is admissible, except as otherwise provided by the Constitutions of the United States or the State of North Dakota, by any applicable Act of Congress, by statutes of North Dakota, by these rules, or by other rules adopted by the Supreme Court of North Dakota.Evidence which is not relevant is not admissible.
The focal point of this rule is not the statement that all relevant evidence is admissible and irrelevant evidence is inadmissible, but rather that the many exceptions to this general statement are recognized and left undisturbed. Thus, for example, relevant evidence may be excluded to assure the continued recognition of a defendant's constitutional rights in a criminal action (such as Miranda); to further the socially desirable policies underlying the privileges of Article V of these rules; or to avoid undue delay, prejudice, or confusion of the issues (Rule 403).
SOURCES: Minutes of Joint Procedure Committee: April 8, 1976, pages 19, 20; October 1, 1975, page 3. Rule 402, Federal Rules of Evidence; Rule 402, SBAND proposal.
CONSIDERED:12-59-04, 12.1-04-05, 23-01-15, 25-13-04, 25-14-01, 27-20-54, 29-29.1-05, 39-06.1-03, 39-16-03, 39-16-11, 41-03-52, 50-09-13, 50-10-08, 50-24-31.1, 65-01-11, NDCC.