RULE 903. SUBSCRIBING WITNESS' TESTIMONY UNNECESSARY
Effective Date: 6/3/1976
Obsolete Date: 3/1/2014
The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.
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.