Under Article VI, Section 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 §27-02-05.2, NDCC.
SECTION 2. Public Access to Audiotapes
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 Chapter 12.1-20, 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.
2. The 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
Rule21.133 AR 40-2
Dated at Bismarck, North Dakota, October 23, 1996.
Gerald W. VandeWalle, Chief Justice Herbert L. Meschke, Justice William A. Neumann, Justice Dale V. Sandstrom, Justice Mary Muehlen Maring, Justice
ATTEST: Penny Miller, Clerk North Dakota Supreme Court
[Adopted effective January 17, 1996, subject to comment; final adoption effective March 6, 1996; amended effective January 1, 1997.]