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RULE 802. THE RULE AGAINST HEARSAY

Effective Date: 3/1/2014

Hearsay is not admissible unless any of the following provides otherwise:

(a) a statute;
(b) these rules; or
(c) other rules prescribed by the North Dakota Supreme Court.

Rule 802 was amended, effective March 1, 2014.

Rule 802 states the general rule excluding the admissibility of hearsay statements. Exception is made for those cases in which statutes or other rules allow the use of hearsay evidence.

Rule 802 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. There is no intent to change any result in any ruling on evidence admissibility.

SOURCES: Joint Procedure Committee Minutes of September 27, 2012, pages 21-22; January 29, 1976, page 18; October 1, 1975, page 7. Fed.R.Ev. 802; Rule 802, SBAND proposal.

Effective Date Obsolete Date
03/01/2014 View
01/29/1976 03/01/2014 View