RULE 903. SUBSCRIBING WITNESS'S TESTIMONY

Effective Date: 3/1/2014

A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.

Rule 903 was amended, effective March 1, 2014.

Under N.D.C.C. § 31-08-02, the common law requirement that subscribing witnesses testify to the authenticity of a document was abrogated. This rule continues the statutory practice, but provides that those witnesses must testify if required by the laws governing the validity of the writing.

Rule 903 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, page 26; June 3, 1976, page 12. Fed.R.Ev. 903; Rule 903, SBAND proposal.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. § 31-08-02, Ch. 31-09, §§ 47-19-23, 47-19-24.

Effective Date Obsolete Date
03/01/2014 View
06/03/1976 03/01/2014 View