RULE 101. SCOPE; DEFINITIONS

Effective Date: 3/1/2014

(a) Scope. These rules apply to proceedings in North Dakota courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101.

(b) Definitions. In these rules:

(1) "civil case" means a civil action or proceeding;
(2) "criminal case" includes a criminal proceeding;
(3) "public office" includes a public agency;
(4) "record" includes a memorandum, report, or data compilation;
(5) a "rule prescribed by the Supreme Court" means a rule adopted by the Supreme Court under constitutional authority; and
(6) a reference to any kind of written material or any other medium includes electronically stored information.

Rule 101 was amended, effective March 1, 2014.

Rule 101 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. 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. A set of definitions applicable to the Rules of Evidence in general is also added. There is no intent to change any result in any ruling on evidence admissibility.

SOURCES: Joint Procedure Committee Minutes of April 25-26, 2013, page 27; April 8, 1976, page 14. Rule 101, Federal Rules of Evidence; Rule 101, SBAND proposal.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. § 29-21-12.

Cross Reference: N.D.R.Ev. 1101 (Applicability of Rules); N.D.R.Civ.P. 43 (Evidence); N.D.R.Crim.P. 26 (Taking Testimony). 

Effective Date Obsolete Date
03/01/2014 View
04/08/1976 03/01/2014 View