RULE 501. PRIVILEGES RECOGNIZED ONLY AS PROVIDED
Effective Date: 1/29/1976
Obsolete Date: 3/1/2014
Except as otherwise provided by constitution or statute or by these or other rules promulgated by the Supreme Court of this State, no person has a privilege to:
(1) refuse to be a witness;
(2) refuse to disclose any matter;
(3) refuse to produce any object or writing; or
(4) prevent another from being a witness or disclosing any matter or producing any object or writing.
Rule 501 was amended, effective March 1, 2014.
As a general principle, evidentiary privileges will be granted and applied in accordance with the provisions of these rules.
Certain statutory privileges, however, include matters beyond the proper scope of evidentiary rules, and others have been found to be in accordance with the philosophy of these rules. These statutes have been left undisturbed. Thus, for example, the privilege against self-incrimination (N.D.C.C. § 31-01-09), the privilege relating to grand jury testimony (N.D.C.C. § 29-10.1-30) and the privileges afforded qualified school counselors (N.D.C.C. § 31-01-06.1) and journalists (N.D.C.C. § 31-01-06.2) all remain in effect under these rules.
Rule 501 was amended, effective March 1, 2014, to replace the term "writing" with the term "record" to account for electronic records and documents. The amendment is consistent with the 1999 amendments to the Uniform Rules of Evidence.
SOURCES: Joint Procedure Committee Minutes of April 25-26, 2013, pages 27-28; January 29, 1976, page 2. Rule 501, Uniform Rules of Evidence (1974).
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 14-12.1-22, 31-01-02, 31-01-06(1), 31-01-06(2), 31-01-06(3).
CONSIDERED: N.D.C.C. §§ 10-23-10, 10-28-06, 12-59-04, 12.1-29-04, 14-02.1-07, 14-16-02, 14-17-19, 14-17-22, 19-16.1-10, 23-01-15, 23-02-23, 23-07-01.1, 23-25-06, 26-17.1-49, 27-05.1-14, 29-10.1-30, 31-01-06(4), 31-01-06.1, 31-01-06.2, 31-01-09, 37-18-11(6)(b), 50-25.1-11, 65-13-10.