TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 10, 2015
RE: Rule 803, N.D.R.Ev., Exceptions to the Rule Against Hearsay Regardless of Whether the Declarant Is Available as a Witness
At the January meeting, the committee approved proposed amendments to Rule 803 that were consistent with the December 2013 federal amendments. Those amendments were intended to bring 803(10) into compliance with Melendez-Diaz v. Massachussetts, 557 U.S. 305 (2009).
Additional amendments to the federal rule took effect in December 2014. The amendments were designed to address the fact that, under the business and public records exceptions, the rules did not specifically state which party had the burden of showing trustworthiness or untrustworthiness of these records.
Proposed amendments to Rule 803 consistent with the federal amendments are attached. They are highlighted to differentiate them from the committee's previous amendments.