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

Obsolete Date: 3/1/2023

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) The following persons have access to and may obtain copies of a recording of trial court proceedings:

(1) parties to an action and their attorneys, if any, unless access is restricted by order of the court; and

(2) federal, state, and local officials, or their agents, examining the recording in the exercise of their official duties and powers.

(b) Copies of a recording of trial court proceedings made under this rule may be purchased by the public unless the proceeding is closed or confidential, or the judge has ordered that all or part of the recording not be available because:

(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 shouldnot 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 thatchapter 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 a recording under subection 2(b)(1) or (b)(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 member of the public requesting access to a recording of trial court proceedings may listen to the recording in a dedicated area, unless access is restricted by order of the court. The recording may not be copied or recorded by any electronic or other means.

(e) The administrative council must establish procedures to ensure appropriate access to recordings.

(f) 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 a recording provided under this rule, is the official record of the proceeding.