Obsolete Date: 3/1/2006
An official record or an entry therein or the lack of such record or entry may be proved in the same manner as in civil actions.
Rule 27 was amended, effective March 1, 2006.
Rule 27 follows Fed.R.Crim.P. 27. Rule 27 incorporates by reference N.D.R.Civ.P. 44, in which there is provided a simple and uniform method of proving the authenticity of public records, both domestic and foreign, and entry or lack of entry in a record. Accordingly, decisions on proof of official records in civil cases are authoritative in criminal cases.
It should be emphasized that Rule 27 is not the exclusive means of proving official records or lack of entry 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 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.
CONSIDERED: N.D.C.C. ch. 31-09.