RULE 903. SUBSCRIBING WITNESS' TESTIMONY UNNECESSARY
The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.
EXPLANATORY NOTE
By statute, the common law requirement that subscribing witnesses testify to the authenticity of a document has been abrogated. Section 31-08-02, NDCC. This rule continues the statutory practice, but provides that those witnesses must testify if required by the laws governing the validity of the writing.
SOURCES: Minutes of Joint Procedure Committee: June 3, 1976, page 12. Rule 903, Federal Rules of Evidence; Rule 903, SBAND proposal.
STATUTES AFFECTED:
CONSIDERED:31-08-02, Ch. 31-09, 47-19-23, 47-19-24, NDCC.