Administrative Rule 40 - ACCESS TO RECORDINGS OF PROCEEDINGS IN DISTRICT COURT

SECTION 1. Authority

Under N.D. Const. Art. VI, § 3, the supreme court has the authority to establish policies and procedures to be followed by all courts of the state. The court also has specific authority to establish policies relating to court records under N.D.C.C. §27-02-05.2.

SECTION 2. Access to Recordings - Copies - On-site Access

(a) Parties and their attorneys may access or obtain copies of an audio recording of a trial court proceeding without charge, unless access is restricted by order of the court.

(b) A non-party may request a copy of an audio recording of a court proceeding by submitting a request in writing to the judge who presided over the proceeding or the judge’s designee. If the proceeding was closed or confidential, no recording will be provided. The judge may restrict access to all or part of a recording of a public proceeding if:

(1) it would materially interfere with a party's right to fair trial;

(2) a witness or party has objected and shown good cause why it should not be available;

(3) it includes testimony of an adult victim or witness in a prosecution under N.D.C.C. ch. 12.1-20, or for charges in which an offense under that chapter is an included offense or an essential element of the charge, unlessthe victim or witness consents;

(4) it includes testimony of a juvenile victim or witness in a proceeding in which illegal sexual activity is an element of the evidence;

(5) it includes testimony of undercover agents or relocated witnesses; or

(6) it includes by testimony or other comment information protected under N.D.R.Ct. 3.4(a).

(c) A person seeking to limit access to or availability of an audio recording under subsection 2(b)(1) or (2) must submit a written motion to the court. The person must give notice of the motion to all parties to the proceedings. The court may require the person to give notice of the motion to any other persons or entities identified in the recording.

(d) If suitable, supervised accommodations are available, a non-party requesting access to an audio recording of a trial court proceeding may listen to the recording in a dedicated area, unless access is restricted by order of the court. The listener may not record or copy the recording by any electronic or other means.

(e) Each district will establish procedures to ensure timely production of audio recordings upon request of parties or non-parties.

(f) The state court administrator will establish reasonable fees and payment methods for producing an audio recording of a court proceeding for a non-party. The fee must be paid in advance.

(g) Video or electronic media coverage, if granted, is governed by N.D.Sup.Ct.Admin.R. 21.

SECTION 3. Status of Recording

Unless otherwise provided by court rule, the transcript of the proceeding, and not an audio recording provided under this rule, is the official record of the proceeding.