RULE 103. RULINGS ON EVIDENCE
Effective Date: 4/8/1976
Obsolete Date: 3/1/2014
(a) Effect of Erroneous Ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and
(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or
(2) Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
(b) Record of Offer and Ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.
(c) Hearing of Jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.
(d) Errors Affecting Substantial Rights. Nothing in this rule precludes taking notice of errors affecting substantial rights although they were not brought to the attention of the court.
Rule 103 was amended, effective March 1, 2014.
The purpose of subdivision (a) is to give the trial court an adequate basis for making a ruling, and to create a record that will permit informed appellate review. In a nonjury case, the introduction of allegedly inadmissible evidence will rarely be reversible error.
Subdivision (b) was added, effective March 1, 2014, to clarify that a party need not renew an objection or offer of proof once the court "rules definitively" on the record at trial. A definitive ruling is reviewed in light of the facts and circumstances before the trial court at the time of the ruling. If the relevant facts and circumstances change materially after the ruling has been made, those facts and circumstances cannot be relied upon on appeal unless they have been brought to the attention of the trial court by way of a renewed, and timely, objection, offer of proof, or motion to strike.
Subdivision (c) encourages the trial court to add to the record any statement that may aid the appellate court in its review of evidentiary rulings.
Subdivision (e) is a statement of the doctrine of plain error, but omits the word "plain." The omission was meant to signify that errors affecting substantial rights should be corrected whether or not they are "plain" or "obvious."
Rule 103 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.
SOURCES: Joint Procedure Committee Minutes of January 26-27, 2012, pages 28-30; April 8, 1976, page 14; October 1, 1975, page 2. Fed. R. Ev. 103; Rule 103, SBAND proposal.
Cross Reference: N.D.R.Civ.P. 43 (Evidence); N.D.R.Civ.P. 46(Objecting to a Ruling or Order); N.D.R.Civ.P. 51 (Instructions to Jury); N.D.R.Civ.P. 61 (Harmless Error); N.D.R.Crim.P. 30 (Jury Instructions); N.D.R.Crim.P. 51 (Preserving Claimed Error); N.D.R.Crim.P. 52 (Harmless and Obvious Error).