RULE 6.5. ELECTRONIC RECORDINGS PRESENTED OR OFFERED INTO EVIDENCE
(a) Applicability. The term "electronic recording" means electronic sound or electronic sound and video recordings.
(b) Electronic Recordings of Deposition or Other Prior Testimony
(1) Before a party may present or offer into evidence an electronic recording of deposition or other prior testimony, the party must file a transcript of the deposition or prior testimony with the court. At the time the recording is played, the party must identify on the record the page and line numbers where the testimony presented or offered appears in the transcript.
(2) Except as provided in Rule 6.5(b)(3), at the time the presentation of evidence closes or within seven days after the recording in Rule 6.5(b)(1) is presented or offered into evidence, whichever is later, the party presenting or offering the recording into evidence must serve and file a copy of the transcript cover showing the witness name and a copy of the pages of the transcript where the testimony presented or offered appears. The transcript pages must be marked to identify the testimony that was presented or offered into evidence.
(3) If a court reporter takes down the content of all portions of the recording in Rule 6.5(b)(1) that were presented or offered into evidence, the party offering or presenting the recording is not required to provide a transcript of that recording under Rule 6.5(b)(2).
(b) Other Electronic Recordings
(1) Except as provided in Rule 6.5(c)(2) and (3), before a party may present or offer into evidence any electronic recording not covered under Rule 6.5(b), the party must provide to the court and to opposing parties a transcript of the electronic recording and provide opposing parties with a duplicate of the electronic recording, as defined in N.D.R.Ev. 1001. The transcript may be prepared by the party presenting or offering the recording into evidence; a certified transcript is not required.
(2) For good cause, the trial judge may permit the party to provide the transcript or the duplicate recording at the time the presentation of evidence closes or within seven days after the recording is presented or offered into evidence, whichever is later.
(3) No transcript is required to be provided under Rule 6.5(c)(1):
(A) In proceedings that are uncontested or in which the responding party does not appear, unless otherwise ordered by the trial judge;
(B) If the parties stipulate in writing or on the record that the sound portion of a sound and video recording does not contain any words that are relevant to the issues in the case; or
(C) If, for good cause, the trial judge orders that a transcript is not required.
(c) Clerk's Duties. An electronic recording provided to the court under this rule must be marked for identification. A transcript provided under Rule 6.5 (a)(2) or (b)(1) must be filed by the clerk.
(d) Reporting by Court Reporter. Unless otherwise ordered by the trial judge, a court reporter need not take down the content of an electronic recording that is presented or offered into evidence.
Rule 6.5 was adopted effective _____________.
SOURCES: Joint Procedure Committee Minutes of __________________.
CROSS REFERENCE: N.D.R.Ev. 1001 (Definitions that Apply to this Article).