Administrative Rule 40 - ACCESS TO AUDIOTAPES OF PROCEEDINGS IN DISTRICT
COURT - STATUS OF RECORDING
SECTION 1. Authority
Under Article VI, SectionN.D. Const. Art. VI, § 3 of the North Dakota Constitution, the supreme
court has the authority to establish policies and procedures to be followed by all courts of the state.
The court also has specific authority to establish policies relating to court records under N.D.C.C.
SECTION 2. Public Access to AudiotapesRecording
1. Copies of the audiotaped recording of trial court proceedings made under this rule may be
purchased by the public unless the proceeding is closed or confidential, or the judge has ordered that
all or part of the recording not be available because:
a. it would materially interfere with a party's right to fair trial;
b. a witness or party has objected and shown good cause why it should not be available;
c. it includes testimony of an adult victim or witness in a prosecution under ChapterN.D.C.C.
ch12.1-20, N.D.C.C., or for charges in which an offense under that chapter is an included offense
or an essential element of the charge, unless the victim or witness consents;
d. it includes testimony of a juvenile victim or witness in a proceeding in which illegal sexual
activity is an element of the evidence; or
e. it includes testimony of undercover agents or relocated witnesses.; or
f. it includes by testimony or other comment information protected under N.D.R.Ct. 3.4(a).
2. The Administrative Council of Presiding Judges shall establish procedures to ensure appropriate
access to audiotapes.
3. Video or electronic media coverage, if granted, is governed by Administrative Rule 21.
SECTION 3. Status of Recording
The transcript of the proceeding, and not a recording provided under this Rule, is the official record
of the proceeding.
Dated at Bismarck, North Dakota, October 23, 1996.
[Adopted effective January 17, 1996, subject to comment; final adoption effective March 6, 1996;
amended effective January 1, 1997; amended effective .]