RULE 27. PROOF OF OFFICIAL RECORD
An A party may prove an official record or
, an entry therein in such a record, or the lack
of such a record or entry may be proved in the same
manner as in a civil actions action.
Rule 27 was amended, effective March 1, 2006.
Rule 27 follows
the Federal Rule and is identical to the Delaware and the Colorado
of Criminal Procedure Fed.R.Crim.P. 27. The Rule
27 incorporates by reference
N.D.R.Civ.P. 44 (as amended in 1971), in which there is provided a simple and
method of proving the authenticity of public records, both domestic and foreign, and entry
or lack of entry therein in a record. Accordingly, decisions on proof of
official records in
civil cases are authoritative in criminal cases.
It should be emphasized that
this Rule 27 is not the exclusive
means of proving official
records or lack of entry therein in a record. N.D.R.Civ.P. 44(c) (which
Rule 27 incorporates
by reference) provides that such proof may be made "by any other method authorized by
law." Thus the proof of the lack of a record under this Rule 27 would
be in accordance with
the provisions of Rule 44(b).
Rule 27 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, pages 22;
17-20, 1972, pages 30-32; December 11-12, 1968, page 15;
Fed.R.Crim.P. 27 ,
page 559; Wright, Federal Practice and Procedure: Criminal, § 441 (1969); 8 Moore's
Federal Practice, Chapter 27 (Cipes, 2d Ed. 1970).
CONSIDERED: N.D.C.C. ch. 31-09.
CROSS REFERENCE: N.D.R.Civ.P. 44 (Proof of Official Record); N.D.R.Civ.P. 44.1 (Determination of Foreign Law).