N.D. Cent. Code § 31-01-22 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-22
31-01-22. Oath of witness
Status: in_force

31-01-22. Oath of witness

Superseded by N.D.R.Civ.P. 43(d).
N.D. Cent. Code § 31-11-05 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-05
31-11-05. Maxims of jurisprudence - How to be used and applied - List
Status: in_force

31-11-05. Maxims of jurisprudence - How to be used and applied - List

The maxims of jurisprudence set forth in this section are not intended to qualify any of the

provisions of the laws of this state, but to aid in their just application:

1. When the reason of a rule ceases so should the rule itself.

2. When the reason is the same the rule should be the same.

3. A person must not change that person's purpose to the injury of another.

4. Anyone may waive the advantage of a law intended solely for that person's benefit, but

a law established for a public reason cannot be contravened by a private agreement.

5. One must so use one's own rights as not to infringe upon the rights of another.

6. One who consents to an act is not wronged by it.

7. Acquiescence in error takes away the right of objecting to it.

8. A person cannot take advantage of that person's own wrong.

9. A person who fraudulently has dispossessed himself or herself of a thing may be

treated as if the person still had possession.

10. A person who can and does not forbid that which is done on that person's behalf is

deemed to have bidden it.

11. No one should suffer by the act of another.

12. One who takes the benefit must bear the burden.

13. One who grants a thing is presumed to grant also whatever is essential to its use.

14. For every wrong there is a remedy.

15. Between those who are equally in the right or equally in the wrong the law does not

interpose.

16. Between rights otherwise equal the earliest is preferred.

17. No person is responsible for that which no person can control.

18. The law helps the vigilant before those who sleep on their rights.

19. The law respects form less than substance.

20. That which ought to have been done is to be regarded as done in favor of one to

whom and against one from whom performance is due.

21. That which does not appear to exist is to be regarded as if it did not exist.

22. The law never requires impossibilities.

23. The law neither does nor requires idle acts.

24. The law disregards trifles.

25. Particular expressions qualify those which are general.

26. Contemporaneous exposition is in general the best.

27. The greater contains the less.

28. Superfluity does not vitiate.

29. That is certain which can be made certain.

30. Time does not confirm a void act.

31. The incident follows the principal, not the principal the incident.

32. An interpretation which gives effect is preferred to one which makes void.

33. Interpretation must be reasonable.

34. When one of two innocent persons must suffer by the act of a third, the one by whose

negligence it happened must be the sufferer.
N.D. Cent. Code § 31-15-03 — ND Code / Title 31 / Chapter 31-15 / Section 31-15-03
31-15-03. Validity of unsworn declaration
Status: in_force

31-15-03. Validity of unsworn declaration

1. Except as otherwise provided in subsection 2, if a law of this state requires or permits

use of a sworn declaration, an unsworn declaration meeting the requirements of this

chapter has the same effect as a sworn declaration.

2. This chapter does not apply to:

a. A deposition;

b. An oath of office;

c. An oath required to be given before a specified official other than a notary public;

d. A document intended for recording in the real estate records in the office of

county recorder; or

e. An oath required by section 30.1-08-04.
N.D. Cent. Code § 31-01-15 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-15
31-01-15. Witness exempt from suit out of county
Status: in_force

31-01-15. Witness exempt from suit out of county

A person shall not be liable to be sued in a county in which that person does not reside by

being served with a summons in such county while going, returning, or attending as a witness in

obedience to a subpoena.
N.D. Cent. Code § 31-04-12 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-12
31-04-12. Expressions of empathy
Status: in_force

31-04-12. Expressions of empathy

1. A statement, affirmation, gesture, or conduct of a health care provider, or health care

provider's employee or agent, which expresses apology, sympathy, commiseration,

condolence, compassion, or benevolence to a patient or to a patient's relative or

representative is not admissible as evidence of liability or as an admission against

interest in a civil action, arbitration proceeding, or administrative hearing regarding the

health care provider.

2. For purposes of this section, unless the context otherwise requires:

a. "Health care provider" means:

(1) An individual licensed or certified by the state to deliver health care;

(2) A hospital or clinic, including an ambulatory surgery center or group of

physicians operating a clinic or outpatient care facility, or a professional

corporation or other professional entity comprised of such health care

providers as permitted by the laws of this state; and

(3) A nursing, basic, or assisted living facility licensed by this state or by any

other health care organization.

b. "Relative" means an individual who has a relationship to the patient by marriage,

blood, or adoption.

c. "Representative" means a legal guardian, attorney, person designated to make

decisions on behalf of a patient under a health care directive, or any person

recognized in law or custom as a patient's agent.
N.D. Cent. Code § 31-01-16.2 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-16.2
31-01-16.2. Compensation of municipal court witnesses
Status: in_force

31-01-16.2. Compensation of municipal court witnesses

A witness in municipal court is entitled to receive compensation for time necessarily spent in

municipal court. The governing body of the city shall establish the amount of compensation, but

in no instance may compensation be more than twenty-five dollars, or less than five dollars, for

each day necessarily spent in municipal court.
N.D. Cent. Code § 31-11-04.1 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-04.1
31-11-04.1. Finding of death under Federal Missing Persons Act prima facie evidence
Status: in_force

31-11-04.1. Finding of death under Federal Missing Persons Act prima facie evidence

Written findings of presumed death, made by the secretary of war, the secretary of the navy,

or other officer or employee of the United States authorized to make such findings, pursuant to

the Federal Missing Persons Act, as now or hereafter amended, or a duly certified copy of such

finding, shall be received in any court, office, or other place in this state as prima facie evidence

of the death of the person therein found to be dead, and the date, circumstances, and place of

the person's disappearance.
N.D. Cent. Code § 31-08-04 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-04
31-08-04. How copy or inspection of writing in hands of adverse party obtainable - Effect of refusal to give
Status: in_force

31-08-04. How copy or inspection of writing in hands of adverse party obtainable -

Effect of refusal to give.

Superseded by N.D.R.Civ.P. 34.
N.D. Cent. Code § 31-08-05 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-05
31-08-05. Statistical tables admissible to establish life expectancy
Status: in_force

31-08-05. Statistical tables admissible to establish life expectancy

In all cases in which the probable duration of the natural life of any person from and after a

particular age is material, standard statistical tables of mortality are competent evidence of such

probable duration or expectation of life.
N.D. Cent. Code § 31-04-08 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-08
31-04-08. Procedure for securing affidavit of person refusing to make the same
Status: in_force

31-04-08. Procedure for securing affidavit of person refusing to make the same

When any party intends to make or oppose a motion in any court and it shall be necessary

for the party to have the affidavit of any person who shall have refused to make the same, such

court, by order, may appoint a referee to take the affidavit or deposition of such person. Such

person may be subpoenaed and compelled to attend and make an affidavit before such referee

the same as before a referee to whom an action is referred to try an issue, and the fees of such

referee for such service shall be three dollars per day.
N.D. Cent. Code § 31-09-05 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-05
31-09-05. Certified transcript of judge's record admissible in courts of county
Status: in_force

31-09-05. Certified transcript of judge's record admissible in courts of county

A transcript of the docket record of a county judge in an action or proceeding, when certified

by the judge or the judge's successor in office, shall be evidence to prove the facts contained in

that transcript in any action or other proceeding in the county wherein the record was made.
N.D. Cent. Code § 31-09-07 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-07
31-09-07. Clerk of court - Certificate to official acts of judge
Status: repealed

31-09-07. Clerk of court - Certificate to official acts of judge

Repealed by S.L. 1991, ch. 326, § 203.
N.D. Cent. Code § 31-03-05 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-05
31-03-05. Who to issue subpoenas
Status: in_force

31-03-05. Who to issue subpoenas

Superseded by N.D.R.Civ.P. 45(a).
N.D. Cent. Code § 31-01-04 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-04
31-01-04. When husband or wife may testify to transactions and conversations had with deceased spouse
Status: in_force

31-01-04. When husband or wife may testify to transactions and conversations had

with deceased spouse.

Superseded by N.D.R.Ev. 601.
N.D. Cent. Code § 31-03-25 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-25
31-03-25. Summoning witness in this state to testify in another state
Status: in_force

31-03-25. Summoning witness in this state to testify in another state

If a judge of a court of record in any state which by its laws has made provision for

commanding persons within that state to attend and testify in a criminal prosecution in this state,

certifies under the seal of such court that:

1. There is a criminal prosecution pending in such court;

2. A person who is within this state is a material witness in such prosecution; and

3. The person's presence will be required for a specified number of days,

any judge of a court of record in the county in which such person may be, upon presentation of

such certificate, shall fix a time and place for a hearing and shall notify the witness of such time

and place.
N.D. Cent. Code § 31-03-22 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-22
31-03-22. Conditional examinations of witness
Status: in_force

31-03-22. Conditional examinations of witness

Superseded by N.D.R.Crim.P. 46.
N.D. Cent. Code § 31-03-20 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-20
31-03-20. Undertaking for appearance of material witness for state - When required - Procedure for requiring
Status: in_force

31-03-20. Undertaking for appearance of material witness for state - When required -

Procedure for requiring.

If, after any material witness on the part of the prosecution has been discharged on the

witness's undertaking without surety, it is satisfactorily shown on the sworn application of the

state's attorney or of some other person on behalf of the state made to the magistrate before

whom the preliminary examination was held, or to any judge, that the presence of such witness

or any other person on the part of the prosecution is material or necessary on the trial in court,

such magistrate, justice, or judge may compel such witness, or any other material witness on

the part of the state, to give an undertaking with sureties, to appear on said trial and give

testimony therein, and for that purpose, such magistrate, justice, or judge may issue a warrant

against any such person directed to a sheriff, marshal, or other peace officer, to arrest such

person and bring the person before such magistrate, justice, or judge.
N.D. Cent. Code § 31-01-06.2 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-06.2
31-01-06.2. Disclosure of news sources and information required only on court order
Status: in_force

31-01-06.2. Disclosure of news sources and information required only on court order

No person shall be required in any proceeding or hearing to disclose any information or the

source of any information procured or obtained while the person was engaged in gathering,

writing, photographing, or editing news and was employed by or acting for any organization

engaged in publishing or broadcasting news, unless directed by an order of a district court of

this state which, after hearing, finds that the failure of disclosure of such evidence will cause a

miscarriage of justice.
N.D. Cent. Code § 31-03-07 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-07
31-03-07. Issuance of subpoenas by magistrate in criminal proceedings
Status: in_force

31-03-07. Issuance of subpoenas by magistrate in criminal proceedings

Superseded by N.D.R.Crim.P. 17.
N.D. Cent. Code § 31-01-18 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-18
31-01-18. Expenses of witness paid by city or state upon court order in criminal or municipal court action
Status: in_force

31-01-18. Expenses of witness paid by city or state upon court order in criminal or

municipal court action.

When a person, as a witness in a criminal or municipal court action, appears before a

magistrate, grand jury, or court, upon a subpoena or in pursuance of an undertaking and it

appears that the person:

1. Has come from a place outside the county; or

2. Is poor and unable to pay the expenses of such attendance,

the court, if the attendance of the witness is upon a trial, by order upon its minutes, or in any

other case, the judge, by a written order, may direct the state in district court cases or the city in

municipal court cases to pay the witness a reasonable sum to be specified in the order for the

necessary expenses of the witness's attendance. Upon the production of the order or a certified

copy thereof, the state or city, to whichever entity the order is directed, must pay the witness the

sum specified. In district court cases, the attorney general shall pay prosecution witness

expenses and the supreme court shall pay other witness expenses.
N.D. Cent. Code § 31-14-04 — ND Code / Title 31 / Chapter 31-14 / Section 31-14-04
31-14-04. Required medium
Status: in_force

31-14-04. Required medium

If a law of this state requires that a sworn declaration be presented in a particular medium,

an unsworn declaration must be presented in that medium.
N.D. Cent. Code § 31-10-03 — ND Code / Title 31 / Chapter 31-10 / Section 31-10-03
31-10-03. Foreign laws - Those judicially noted - How court familiarized with - Reviewable
Status: in_force

31-10-03. Foreign laws - Those judicially noted - How court familiarized with -

Reviewable.

Every court of this state shall take judicial notice of the common law and statutes of every

state, territory, and other jurisdiction of the United States. Such court may inform itself of the

laws in such manner as it may deem proper and may call upon counsel to aid it in obtaining

such information. The determination of such laws shall be made by the court and not by the jury

and shall be reviewable.
N.D. Cent. Code § 31-14-02 — ND Code / Title 31 / Chapter 31-14 / Section 31-14-02
31-14-02. Applicability
Status: in_force

31-14-02. Applicability

This chapter applies to an unsworn declaration by a declarant who at the time of making the

declaration is physically located outside the boundaries of the United States whether or not the

location is subject to the jurisdiction of the United States. This chapter does not apply to a

declaration by a declarant who is physically located on property that is within the boundaries of

the United States and subject to the jurisdiction of another country or a federally recognized

Indian tribe.
N.D. Cent. Code § 31-08-02.1 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-02.1
31-08-02.1. Handwriting admissible in evidence for comparison
Status: in_force

31-08-02.1. Handwriting admissible in evidence for comparison

The handwriting of any person shall be competent evidence for the purpose of furnishing a

standard of comparison, in all cases wherein the genuineness of a writing is questioned or the

identity of the writer is sought to be established.
N.D. Cent. Code § 31-03-21 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-21
31-03-21. When confinement of material witness for state permitted
Status: in_force

31-03-21. When confinement of material witness for state permitted

Superseded by N.D.R.Crim.P. 46.
N.D. Cent. Code § 31-04-11 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-11
31-04-11. Mediation - Inadmissibility of evidence - Exception
Status: in_force

31-04-11. Mediation - Inadmissibility of evidence - Exception

When persons agree to conduct and participate in a mediation for the purpose of

compromising, settling, or resolving a dispute, evidence of anything said or of any admission

made in the course of the mediation is inadmissible as evidence and disclosure may not be

compelled in any subsequent civil proceeding except as provided in this section. This section

does not limit the compulsion nor the admissibility of evidence if:

1. The evidence relates to a crime, civil fraud, or a violation under the Uniform Juvenile

Court Act;

2. The evidence relates to a breach of duty by the mediator;

3. The validity of the mediated agreement is in issue; or

4. All persons who conducted or otherwise participated in the mediation consent to

disclosure.
N.D. Cent. Code § 31-01-19 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-19
31-01-19. Witness for indigent defendants subpoenaed and paid by city, county, or state under court order in criminal or municipal court action
Status: in_force

31-01-19. Witness for indigent defendants subpoenaed and paid by city, county, or

state under court order in criminal or municipal court action.

If it appears to the court before which a criminal action or municipal ordinance violation is

about to be tried that the defendant is unable to pay the witnesses to appear on the defendant's

behalf, such court shall make an order that such witnesses as may be deemed reasonable,

naming them, be subpoenaed to attend at such trial at the expense of the city, the county, or the

state, whichever is liable to pay the costs of the prosecution of such action, and such witnesses

must be paid accordingly.
N.D. Cent. Code § 31-03-13 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-13
31-03-13. Service of subpoenas - Proof - Peace officers required to make
Status: in_force

31-03-13. Service of subpoenas - Proof - Peace officers required to make

Superseded by N.D.R.Crim.P. 17.
N.D. Cent. Code § 31-10-01 — ND Code / Title 31 / Chapter 31-10 / Section 31-10-01
31-10-01. Evidence of facts judicially noted not required - How judges familiarized with such facts
Status: in_force

31-10-01. Evidence of facts judicially noted not required - How judges familiarized

with such facts.

Superseded by N.D.R.Crim.P. Rule 26; N.D.R.Ev. 201.
N.D. Cent. Code § 31-08-06 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-06
31-08-06. When instruments affecting real property, or records or copies of records thereof, admissible in evidence
Status: in_force

31-08-06. When instruments affecting real property, or records or copies of records

thereof, admissible in evidence.

Every instrument conveying or affecting real property which has been acknowledged or

proved and certified as provided by the laws of this state, together with the certificate of

acknowledgment or proof, may be read in evidence in an action or proceeding without any

further proof. The record of such instrument, or a duly authenticated copy of the record, may be

read in evidence with the same effect as the original, on proof by affidavit or otherwise that the

original is not in the possession or under the control of the party producing such record or copy.
N.D. Cent. Code § 31-09-02 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-02
31-09-02. When copies of records and proceedings of federal, state, and territorial courts admissible in evidence
Status: in_force

31-09-02. When copies of records and proceedings of federal, state, and territorial

courts admissible in evidence.

Copies of the records and judicial proceedings of any court of the United States, or of any

state or territory of the United States, shall be admissible as evidence in this state when attested

by the clerk with the seal of the court annexed, if there is a seal, together with a certificate of the

judge, chief justice, or presiding magistrate that the attestation is in due form, and the said

records and judicial proceedings so authenticated shall have such faith and credit given to them

in every court within this state as they have by law or usage in the courts of the United States or

of the state or territory from which they are taken.
N.D. Cent. Code § 31-01-10 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-10
31-01-10. Presiding judge or any juror may be called as a witness
Status: in_force

31-01-10. Presiding judge or any juror may be called as a witness

Superseded by N.D.R.Ev. 605, 606.
N.D. Cent. Code § 31-04-10 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-10
31-04-10. Form and contents of certificate for certifying copies to be used as evidence
Status: in_force

31-04-10. Form and contents of certificate for certifying copies to be used as

evidence.

Whenever a copy of a writing is certified for the purpose of evidence, the certificate must

state in substance that the copy is a correct copy of the original, or of a specified part thereof, as

the case may be. The certificate must be under the official seal of the certifying officer, if there is

any, or if such officer is a clerk of a court having a seal, under the seal of such court.
N.D. Cent. Code § 31-09-03 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-03
31-09-03. Stenographic report or transcript as evidence
Status: in_force

31-09-03. Stenographic report or transcript as evidence

Whenever the testimony of a witness at a trial or hearing which was reported

stenographically or by an electronic court reporting system is admissible in evidence at a trial, it

may be proved by the transcript thereof duly certified by the person who reported or transcribed

the testimony.
N.D. Cent. Code § 31-15-01 — ND Code / Title 31 / Chapter 31-15 / Section 31-15-01
31-15-01. Definitions
Status: in_force

31-15-01. Definitions

In this chapter:

1. "Boundaries of the United States" means the geographic boundaries of the United

States, Puerto Rico, the United States Virgin Islands, and any territory or insular

possession subject to the jurisdiction of the United States.

2. "Law" includes a statute, judicial decision or order, rule of court, executive order, and

administrative rule, regulation, or order.

3. "Record" means information inscribed on a tangible medium or stored in an electronic

or other medium and which is retrievable in perceivable form.

4. "Sign" means with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or

process.

5. "Sworn declaration" means a declaration in a signed record given under oath. The

term includes a sworn statement, verification, certificate, and affidavit.

6. "Unsworn declaration" means a declaration in a signed record not given under oath

but given under penalty of perjury.
N.D. Cent. Code § 31-11-07 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-07
31-11-07. Tenant estopped from denying landlord's title
Status: in_force

31-11-07. Tenant estopped from denying landlord's title

A tenant shall not be permitted to deny the title of the tenant's landlord at the time of the

commencement of the relation.
N.D. Cent. Code § 31-08.1-02 — ND Code / Title 31 / Chapter 31-08.1 / Section 31-08.1-02
31-08.1-02. Period of preservation
Status: in_force

31-08.1-02. Period of preservation

Unless a specific period is designated by law for preservation, any business record that

state law requires a person to keep or preserve may be destroyed after the expiration of three

years from the making of the record without constituting an offense under state law. This section

does not apply to any minute book of any corporation or to any record of sales or other

transactions involving a weapon, poison, or other dangerous article or substance capable of use

in the commission of a crime.
N.D. Cent. Code § 31-10-02 — ND Code / Title 31 / Chapter 31-10 / Section 31-10-02
31-10-02. Facts subject to judicial notice
Status: in_force

31-10-02. Facts subject to judicial notice

Superseded by N.D.R.Crim.P. Rules 26, 26.1; N.D.R.Ev. 201.
N.D. Cent. Code § 31-01-06.3 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-06.3
31-01-06.3. Addiction counselor - Client privilege - Definitions
Status: in_force

31-01-06.3. Addiction counselor - Client privilege - Definitions

As used in sections 31-01-06.3 through 31-01-06.6:

1. "Client" means a person who consults or is examined or interviewed by a counselor.

2. "Confidential communication" means a communication which is not intended to be

disclosed to third parties, except persons present to further the interest of the client in

the consultation, examination, or interview, persons reasonably necessary for the

transmission of the communication, or persons who are participating in the diagnosis

and treatment under the direction of the counselor, including members of the client's

family.

3. "Counselor" means an addiction counselor who has been licensed under chapter

43-45 or who is reasonably believed by the client so to be, while engaged in the

diagnosis or treatment of a physical, mental, or emotional condition, including alcohol

or any addiction.

4. "Privilege" means the counselor-client privilege authorized under sections 31-01-06.3

through 31-01-06.6.
N.D. Cent. Code § 31-03-04 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-04
31-03-04. Form of subpoena in criminal actions
Status: in_force

31-03-04. Form of subpoena in criminal actions

Superseded by N.D.R.Crim.P. 17, 58.
N.D. Cent. Code § 31-08-07 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-07
31-08-07. Copies of statements to be provided - When statement admissible
Status: in_force

31-08-07. Copies of statements to be provided - When statement admissible

Every insurance adjuster, attorney, or any other person who takes the statement of an

individual, who may be a party to possible litigation, for use or possible use in the preparation of

or trying of a civil suit arising out of a tortious act, and whether said statement be in writing or by

any device which records matters stated, other than depositions and court proceedings, shall

provide a copy of the statement to the person from whom said statement was taken within thirty

days of the making of the statement. No such statement shall be used directly or indirectly in

connection with a civil action unless submitted to the person as required herein.
N.D. Cent. Code § 31-04-04.1 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-04.1
31-04-04.1. Videotaped statement of child sexual offense victim - Criteria for admission as evidence
Status: in_force

31-04-04.1. Videotaped statement of child sexual offense victim - Criteria for

admission as evidence.

1. In any prosecution for a violation of section 12.1-20-03, 12.1-20-03.1, 12.1-20-04,

12.1-20-05, 12.1-20-06, 12.1-20-07, or 12.1-20-11 in which the victim is less than

fifteen years of age, the oral statement of the child victim may be recorded before trial

and, subject to subsection 2, is admissible as evidence in any court proceeding

regarding the offense if the following conditions are satisfied:

a. The court determines there is reasonable cause to believe that the child victim

would experience serious emotional trauma as a result of in-court participation in

the proceeding;

b. The accused must be given reasonable written notice of the time and place for

taking the videotaped statement;

c. The accused must be afforded the opportunity to hear and view the testimony

from outside the presence of the child by means of a two-way mirror or other

similar method that will ensure that the child cannot hear or see the accused;

d. The accused must have the opportunity to communicate orally with counsel by

electronic means while the videotaped statement is being made; and

e. All questioning must be done by the prosecutor or counsel for the defendant

unless the defendant is an attorney pro se. An attorney pro se must conduct all

questioning from outside the presence of the child. Upon request of any of the

parties or upon the determination of the court that it would be appropriate, the

court may appoint a person who is qualified as an expert and who has dealt with

the child in a therapeutic setting to aid the court throughout proceedings

conducted under this section and the court may appoint a guardian ad litem to

protect the interests of the child.

2. A child victim's videotaped statement is admissible pursuant to subsection 1 if the

court finds that the child is unavailable as a witness to testify at trial and, upon viewing

the videotape recording before it is shown to the jury, determines that it is sufficiently

reliable and trustworthy and that the interests of justice will best be served by

admission of the statement into evidence. For purposes of this subsection,

"unavailable" includes a determination, based on medical or psychological evidence or

expert testimony, that the child would suffer serious emotional or psychological strain if

required to testify at trial. The court, in making its findings and determinations under

this subsection, shall consider at least the following:

a. The nature of the offense;

b. The significance of the child's testimony to the case;

c. The child's age;

d. The child's psychological maturity and understanding; and

e. The nature, degree, and duration of potential injury to the child from testifying.
N.D. Cent. Code § 31-11-01 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-01
31-11-01. Presumptions - When controvertible - When jury bound to follow
Status: in_force

31-11-01. Presumptions - When controvertible - When jury bound to follow

Superseded by N.D.R.Crim.P. 26; N.D.R.Ev. 301.
N.D. Cent. Code § 31-11-03 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-03
31-11-03. Disputable presumptions
Status: in_force

31-11-03. Disputable presumptions

All presumptions other than those set forth in section 31-11-02 are satisfactory if

uncontradicted. They are denominated disputable presumptions and may be contradicted by

other evidence. The following are of that kind:

1. That a person is innocent of crime or wrong.

2. That an unlawful act was done with an unlawful intent.

3. That a person intends the ordinary consequences of that person's voluntary act.

4. That a person takes ordinary care of that person's own concerns.

5. That evidence willfully suppressed would be adverse if produced.

6. That higher evidence would be adverse if inferior is produced.

7. That money paid by one to another was due the latter.

8. That a thing delivered by one to another was due the latter.

9. That an obligation delivered up to the debtor has been paid.

10. That former rents or installments have been paid when a receipt for the latter is

produced.

11. That things which a person possesses are owned by that person.

12. That a person is the owner of property from exercising acts of ownership over it, or

from common reputation of that person's ownership.

13. That a person in possession of an order on that person for the payment of money, or

the delivery of a thing, has paid the money or delivered the thing accordingly.

14. That a person acting in a public office was appointed regularly to it.

15. That official duty has been performed regularly.

16. That a court or judge, acting as such, whether in this state or any other state or

country, was acting in the lawful exercise of that court's or judge's lawful jurisdiction.

17. That a judicial record, when not conclusive, still does determine or set forth the rights

of the parties correctly.

18. That all matters within an issue were laid before the jury and passed upon by it, and, in

like manner, that all matters within a submission to arbitration were laid before the

arbitrator and passed upon by the arbitrator.

19. That private transactions have been fair and regular.

20. That the ordinary course of business has been followed.

21. That a promissory note or bill of exchange was given or endorsed for a sufficient

consideration.

22. That an endorsement of a negotiable promissory note or bill of exchange was made at

the time and place of making the note or bill.

23. That a writing is dated truly.

24. That a letter duly directed and mailed was received in the regular course of the mail.

25. Identity of person from identity of name.

26. That a person not heard from in seven years is dead.

27. That acquiescence followed from a belief that the thing acquiesced in was

conformable to the right or fact.

28. That things have happened according to the ordinary course of nature and the

ordinary habits of life.

29. That persons acting as copartners have entered into a contract of copartnership.

30. That a man and woman deporting themselves as husband and wife have entered into

a lawful contract of marriage.

31. That a thing once found to exist continues as long as is usual with things of that

nature.

32. That the law has been obeyed.

33. That a document or writing more than thirty years old is genuine when the same

generally has been acted upon since as genuine by persons having an interest in the

question, and its custody has been satisfactorily explained.

34. That a printed and published book of statutes or other records or reports purporting to

be printed or published by public authority was so printed or published.

35. That a printed and published book purporting to contain reports of cases adjudged in

the tribunals of the state or country where the book is published contains correct

reports of such cases.

36. That a trustee or other person whose duty it was to convey real property to a particular

person actually has conveyed to heirs, when such presumption is necessary to perfect

the title of such person or the person's successor in interest.

37. That the owner of any land who, without a reservation of the owner's right, consents to

the uninterrupted use by the public of such land for a burial ground for five years

intends to dedicate it to the public for that purpose.

38. That there was a good and sufficient consideration for a written contract.

39. That the foreign law is the same as the law of this state.

40. A domicile once acquired is presumed to continue until it is shown to have been

changed.
N.D. Cent. Code § 31-03-01 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-01
31-03-01. Subpoena defined
Status: in_force

31-03-01. Subpoena defined

The process by which the attendance of a witness is required is a subpoena.
N.D. Cent. Code § 31-13-06 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-06
31-13-06. Confidentiality of records
Status: in_force

31-13-06. Confidentiality of records

Notwithstanding section 44-04-18, except as necessary for law enforcement purposes, all

records produced from the samples taken as provided in this chapter must be securely stored

and are confidential. However, the records must be available to:

1. Any person who is the subject of a record.

2. A public official or the official's authorized agent who requires that information in

connection with the discharge of the official's official duties.

3. A court whenever the court determines that the information is necessary for the

determination of an issue before the court.
N.D. Cent. Code § 31-01-01 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-01
31-01-01. Persons competent to testify as witnesses generally - Exception
Status: in_force

31-01-01. Persons competent to testify as witnesses generally - Exception

Superseded by N.D.R.Ev. 601.
N.D. Cent. Code § 31-10-05 — ND Code / Title 31 / Chapter 31-10 / Section 31-10-05
31-10-05. Foreign laws not judicially noted constitute issue for court
Status: in_force

31-10-05. Foreign laws not judicially noted constitute issue for court

The law of a jurisdiction other than those jurisdictions referred to in section 31-10-03 shall

be an issue for the court, but shall not be subject to the provisions concerning judicial notice

contained in such section.
N.D. Cent. Code § 31-13-09 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-09
31-13-09. DNA profiles to be available to law enforcement - Penalty
Status: in_force

31-13-09. DNA profiles to be available to law enforcement - Penalty

Upon payment of a reasonable fee established by the laboratory, the laboratory shall

provide, upon the request of appropriate law enforcement agencies for use for official purposes,

an updated list of names of individuals whose DNA profiles are stored in the database at the

laboratory. Any person who disseminates, receives, or otherwise uses or attempts to use

information in the database, knowing that the dissemination, receipt, or use is for a purpose

other than as authorized by law, is guilty of a class A misdemeanor.
N.D. Cent. Code § 31-04-07 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-07
31-04-07. Where and how affidavits may be made
Status: in_force

31-04-07. Where and how affidavits may be made

An affidavit may be made in or out of this state before any person authorized to administer

an oath.
N.D. Cent. Code § 31-03-10 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-10
31-03-10. Who may make service of subpoena
Status: in_force

31-03-10. Who may make service of subpoena

Superseded by N.D.R.Civ.P. 45(c)(1), now 45(b)(2).
N.D. Cent. Code § 31-13-03 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-03
31-13-03. Individuals to be tested - Costs
Status: in_force

31-13-03. Individuals to be tested - Costs

1. An individual eighteen years of age or over who is arrested or summoned to appear

before a magistrate for the commission of a felony shall provide to a law enforcement

officer or correctional personnel at the time of the individual's arrest or appearance or

upon booking into a correctional facility a sample of blood or other body fluids for DNA

law enforcement identification purposes and inclusion in the law enforcement

identification databases. If it is determined that the individual's DNA sample is included

in the law enforcement identification databases, an additional sample is not required.

2. The provisions of this subsection apply only if an individual's DNA sample is not

already included in the law enforcement identification databases. The court shall order

any individual convicted on or after August 1, 1995, of any sexual offense or attempted

sexual offense in violation of section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05,

or 12.1-20-06, subdivision e or f of subsection 1 of section 12.1-20-07, or section

12.1-20-11 or any other offense when the court finds at sentencing that the individual

engaged in a nonconsensual sexual act or sexual contact with another individual

during, in the course of, or as a result of, the offense or any individual who is in the

custody of the department after July 31, 1995, as a result of a conviction of one of

these offenses to have a sample of blood or other body fluids taken by the department

for DNA law enforcement identification purposes and inclusion in law enforcement

identification databases. The court shall order any individual convicted after July 31,

2001, of a felony offense contained in chapter 12.1-16, 12.1-17, or 12.1-18, section

12.1-22-01, or chapter 12.1-27.2 or any individual who is in the custody of the

department after July 31, 2001, as a result of a conviction for one of these offenses to

have a sample of blood or other body fluids taken by the department for DNA law

enforcement identification purposes and inclusion in the law enforcement identification

databases. The court shall order an individual convicted after July 31, 2005, of any

felony offense or an individual arrested for the commission of a felony offense after

July 31, 2009, to have a sample of blood or other body fluids taken by the department

for DNA law enforcement identification purposes and inclusion in the law enforcement

identification databases. DNA samples must be collected immediately, but may be

preserved by the department for subsequent analysis upon receipt of sufficient

funding. Any individual convicted after July 31, 1995, who is not sentenced to a term of

confinement, shall provide a sample of blood or other body fluids as a condition of the

sentence or probation at a time and place specified by the sentencing court.

3. If the individual from whom a DNA sample is collected is convicted of a felony offense,

the sentencing court shall assess the cost of the procedure against the individual

being tested. The department shall collect the cost of the procedure from the individual

being tested and transfer the amount collected to the attorney general for deposit in

the general fund.

4. If the sentencing court has not ordered an individual to provide a sample of blood or

other body fluids under this section, or if an individual required to provide a sample of

blood or other body fluids under this section has refused to submit a sample of blood

or other body fluids, the sentencing court retains jurisdiction to order the individual,

including an individual whose sentence to incarceration or supervised probation has

expired, to submit a sample of blood or other body fluids for DNA law enforcement

identification purposes, or to order the individual to show cause why the individual

should not be required to submit a sample of blood or other body fluids for DNA law

enforcement identification purposes.

5. If a sample of blood or body fluids collected under this section does not contain

sufficient material necessary to obtain accurate DNA identification, the crime laboratory

may request a law enforcement officer or correctional personnel collect another

sample for analysis and inclusion in the law enforcement identification databases.

6. The laboratory shall retain DNA samples in accordance with laboratory DNA sample

retention procedures.

7. For purposes of this section, "conviction" and "convicted" means a plea of guilty or a

finding of guilt by a court or a jury of one of the above-mentioned crimes,

notwithstanding that the court suspended execution of sentence or deferred imposition

of sentence in accordance with subsection 3 or 4 of section 12.1-32-02, or a felony

offense was reduced to a misdemeanor offense in accordance with subsection 9 of

section 12.1-32-02 or section 12.1-32-07.1.
N.D. Cent. Code § 31-03-02 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-02
31-03-02. Requisites of subpoenas and subpoenas duces tecum
Status: in_force

31-03-02. Requisites of subpoenas and subpoenas duces tecum

Superseded by N.D.R.Civ.P. 45(a)(b).
N.D. Cent. Code § 31-08-03 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-03
31-08-03. Proof of writing by admission of genuineness - Effect of refusal to give admission
Status: in_force

31-08-03. Proof of writing by admission of genuineness - Effect of refusal to give

admission.

Superseded by N.D.R.Civ.P. 36, 37(c).
N.D. Cent. Code § 31-04-02 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-02
31-04-02. Affidavit defined
Status: in_force

31-04-02. Affidavit defined

An affidavit is a written declaration under oath made without notice to the adverse party.
N.D. Cent. Code § 31-13-08 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-08
31-13-08. Rules
Status: in_force

31-13-08. Rules

The attorney general shall adopt rules pursuant to chapter 28-32 necessary to carry out

provisions of the DNA database identification system. The rules must include procedures for

collection, analysis, and classification of samples of blood and other body fluids, database

system usage and integrity, and methods for contracting with another laboratory for the analysis

and classification of samples.
N.D. Cent. Code § 31-11-04.2 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-04.2
31-11-04.2. Other findings under Federal Missing Persons Act as prima facie evidence
Status: in_force

31-11-04.2. Other findings under Federal Missing Persons Act as prima facie

evidence.

An official written report or record or duly certified copy thereof, that a person is missing,

missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an

enemy, or is dead, or is alive, made by an officer or an employee of the United States

authorized by the Act referred to in section 31-11-04.1 or by any other law of the United States

to make same, shall be received in any court, office, or other place in this state as prima facie

evidence that such person is missing, missing in action, interned in a neutral country,

beleaguered or captured by an enemy, or is dead, or is alive, as the case may be.
N.D. Cent. Code § 31-08-01.2 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-01.2
31-08-01.2. Medical records authentication
Status: in_force

31-08-01.2. Medical records authentication

If appropriate safeguards have been taken to limit access to medical records in an

electronic data storage system, a medical record in an electronic data storage system may be

authenticated by an electronic signature or a computer-generated signature code.
N.D. Cent. Code § 31-08-01.1 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-01.1
31-08-01.1. Certain copies of business and public records admissible in evidence
Status: in_force

31-08-01.1. Certain copies of business and public records admissible in evidence

If any business, institution, member of a profession or calling, or any department or agency

of government in the regular course of business or activity has kept or recorded any

memorandum, writing, entry, print, representation, or combination thereof, of any act,

transaction, occurrence, or event, and in the regular course of business has caused any or all of

the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm,

microcard, miniature photographic, optical disk, or other process which accurately reproduces or

forms a durable medium for so reproducing the original, the original may be destroyed in the

regular course of business unless its preservation is required by law. Such reproduction, when

satisfactorily identified, is as admissible in evidence as the original itself in any judicial or

administrative proceeding whether or not the original is in existence and an enlargement or

facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in

existence and available for inspection under direction of the court. The introduction of a

reproduced record, enlargement, or facsimile does not preclude admission of the original.
N.D. Cent. Code § 31-08.1-03 — ND Code / Title 31 / Chapter 31-08.1 / Section 31-08.1-03
31-08.1-03. Preservation of reproductions
Status: in_force

31-08.1-03. Preservation of reproductions

If in the course of regular business a person makes a reproduction of an original business

record, the preservation of the reproduction constitutes compliance with any state law requiring

that a business record be kept or preserved.
N.D. Cent. Code § 31-13-07 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-07
31-13-07. Removal of DNA profiles from database
Status: in_force

31-13-07. Removal of DNA profiles from database

1. An individual whose DNA profile has been included in the database under this chapter

may petition the district court to seal the court record on the grounds that the arrest

that led to the inclusion of the DNA profile has not resulted in a felony charge within

one year; has been resolved by a dismissal, acquittal, or misdemeanor conviction; has

not resulted in a felony conviction; or the conviction on which the authority for including

the DNA profile was based has been reversed or the case dismissed.

2. The laboratory shall expunge all identifiable information in the database pertaining to

the individual and destroy all samples from the individual upon receipt of a certified

order. The detention, arrest, or conviction of an individual based upon database

information is not invalidated if it is later determined that the specimens or samples

were obtained or placed in the database by mistake or if the specimens or samples

should have been expunged. The sealed record may not be opened even by order of

the court.

3. Civil or criminal liability may not attach to any individual or to any state or local

governmental entity for the good-faith inclusion and retention of identifiable information

in the database from a sample of blood or other body fluids which has been legally

obtained.
N.D. Cent. Code § 31-01-06.4 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-06.4
31-01-06.4. General rule of privilege
Status: in_force

31-01-06.4. General rule of privilege

A client has a privilege to refuse to disclose and to prevent any other person from disclosing

confidential communications made for the purpose of diagnosis or treatment of the client's

physical, mental, or emotional condition, including alcohol or drug addiction, among the client,

the client's counselor, and persons who are participating in the diagnosis or treatment under the

direction of the counselor, including members of the client's family.
N.D. Cent. Code § 31-11-02 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-02
31-11-02. Conclusive presumptions
Status: in_force

31-11-02. Conclusive presumptions

The following presumptions, and no others, are conclusive:

1. A malicious and guilty intent from the deliberate commission of an unlawful act for the

purpose of injuring another.

2. The truth of the facts from a recital in a written instrument between the parties thereto,

or their successors in interest by a subsequent title, but this rule does not apply to a

recital of a consideration.

3. The judgment or order of a court when declared by the laws of this state to be

conclusive, but such judgment or order shall be alleged in the pleadings, if there is an

opportunity to do so. If there is no such opportunity, the judgment or order may be

used as evidence.

4. The issue of a wife cohabiting with her husband who is not impotent is presumed

indisputably to be legitimate.

5. Any other presumption which by statute expressly is made conclusive.
N.D. Cent. Code § 31-11-04.3 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-04.3
31-11-04.3. Reports and copies deemed signed by authorized officer
Status: in_force

31-11-04.3. Reports and copies deemed signed by authorized officer

For the purposes of sections 31-11-04.1 and 31-11-04.2, any finding, report, or record, or

duly certified copy thereof, purporting to have been signed by such an officer or employee of the

United States, shall prima facie be deemed to have been signed and issued by such an officer

or employee pursuant to law, and a person signing same shall prima facie be deemed to have

acted within the scope of the person's authority. If a copy purports to have been certified by a

person authorized by law to certify the same, such certified copy shall be prima facie evidence

of the person's authority so to certify.
N.D. Cent. Code § 31-09-04 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-04
31-09-04. How judicial record of foreign country proved
Status: in_force

31-09-04. How judicial record of foreign country proved

A judicial record of a foreign country may be proved by the attestation of the clerk with the

seal of the court annexed, if there is a clerk and seal, or of the legal keeper of the record, with

the seal of office annexed, if there is a seal, together with the certificate of the chief judge or

presiding magistrate that the person making the attestation is the clerk of the court, or the legal

keeper of the record, and in either case, that the signature of such person is genuine and that

the attestation is in due form. The signature of the chief judge or presiding magistrate must be

authenticated by the certificate of the minister, ambassador, or a consul, vice consul, or consular

agent of the United States in such foreign country.
N.D. Cent. Code § 31-09-06 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-06
31-09-06. Certified transcript of county judge's record admissible in courts of other counties
Status: in_force

31-09-06. Certified transcript of county judge's record admissible in courts of other

counties.

A transcript of the docket record of a county judge in an action or proceeding, when certified

by the judge or the judge's successor in office, may be read in evidence in another county if

there is attached thereto a certificate of the clerk of the district court of the county in which such

record was made, under the seal of the court, to the effect that the person certifying such

transcript was at the date thereof a county judge of the county, and in addition, if such docket

record was made by another, that such other at the time of the making of the same was a

county judge of the county.
N.D. Cent. Code § 31-13-04 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-04
31-13-04. DNA testing - Procedure - Immunity
Status: in_force

31-13-04. DNA testing - Procedure - Immunity

1. Samples of blood or other body fluids for DNA testing may be obtained in a medically

approved manner by a physician, registered nurse, licensed practical nurse,

phlebotomist, or medical technologist, and packaged and submitted in kits approved or

provided by the laboratory and in accordance with rules adopted by the laboratory.

2. Samples of saliva for DNA testing may be obtained by a licensed peace officer or a

correctional officer, and packaged and submitted in kits approved or provided by the

laboratory and in accordance with rules adopted by the laboratory. Samples may be

collected and submitted by personnel from an agency outside the state with approval

of the laboratory.

3. Civil or criminal liability may not attach to any individual authorized to draw or obtain a

sample of blood or other body fluids from any individual for DNA testing if the sample

of blood or other body fluids was drawn or obtained according to sampling techniques

approved by the laboratory.
N.D. Cent. Code § 31-04-05 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-05
31-04-05. Use of affidavits
Status: in_force

31-04-05. Use of affidavits

An affidavit may be used:

1. To verify a pleading.

2. To prove the service of a summons, notice, or other process in an action.

3. To obtain a provisional remedy.

4. To obtain an examination of a witness.

5. To obtain a stay of proceedings.

6. Upon a motion.

7. In any other case permitted by law.
N.D. Cent. Code § 31-15-05 — ND Code / Title 31 / Chapter 31-15 / Section 31-15-05
31-15-05. Form of unsworn declaration
Status: in_force

31-15-05. Form of unsworn declaration

An unsworn declaration under this chapter must be substantially in the following form:

I declare, under penalty of perjury under the law of North Dakota, that the foregoing is true

and correct.

Signed on the _____ day of _______, _______ at ____________________, ___________

(month) (year) (city or other location, and state) (country)

________________________________

(printed name)

________________________________

(signature)
N.D. Cent. Code § 31-03-08 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-08
31-03-08. Issuance of subpoena by state's attorneys
Status: in_force

31-03-08. Issuance of subpoena by state's attorneys

Superseded by N.D.R.Crim.P. 17.
N.D. Cent. Code § 31-03-16 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-16
31-03-16. Prisoners may be ordered to appear as witnesses - Depositions
Status: in_force

31-03-16. Prisoners may be ordered to appear as witnesses - Depositions

Any court, by order, may require an officer having the custody of any person confined in any

prison in this state to produce such person before it for oral examination in the county where the

person is imprisoned. In all other cases, except as otherwise provided in section 31-03-18, such

person must be examined by deposition.
N.D. Cent. Code § 31-09-12 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-12
31-09-12. Cross-examination of person making reports or findings or person furnishing information used therein
Status: in_force

31-09-12. Cross-examination of person making reports or findings or person

furnishing information used therein.

Superseded by N.D.R.Ev. 803.
N.D. Cent. Code § 31-13-10 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-10
31-13-10. Tampering with DNA sample testing - Penalty
Status: in_force

31-13-10. Tampering with DNA sample testing - Penalty

An individual who willfully tampers or attempts to tamper with a sample of blood or body

fluids or a collection device or kit to alter the outcome of DNA testing is guilty of a class C felony.

An individual who willfully possesses, distributes, or assists in the use of a device, chemical, or

real or artificial sample of blood or body fluids intended to be used to alter the outcome of DNA

testing is guilty of a class C felony.
N.D. Cent. Code § 31-04-06 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-06
31-04-06. How proof of publication made
Status: in_force

31-04-06. How proof of publication made

Proof of the publication of a document or notice required by law or by court order to be

published in a newspaper may be made by the affidavit of the publisher of the newspaper, or the

publisher's designee, annexed to a copy of the document or notice, specifying the paper in

which and the times when the publication was made.
N.D. Cent. Code § 31-03-12 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-12
31-03-12. Service of subpoena by mail, telegraph, or telephone
Status: in_force

31-03-12. Service of subpoena by mail, telegraph, or telephone

Superseded by N.D.R.Civ.P. 45(c)(2), now 45(b).
N.D. Cent. Code § 31-04-01 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-01
31-04-01. Methods of taking testimony of witnesses
Status: in_force

31-04-01. Methods of taking testimony of witnesses

Testimony of witnesses may be taken by:

1. Affidavit.

2. Deposition.

3. Oral examination.
N.D. Cent. Code § 31-03-30 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-30
31-03-30. Witness coming into state - Exemption from arrest and service of process
Status: in_force

31-03-30. Witness coming into state - Exemption from arrest and service of process

If a person comes into this state in obedience to a summons directing the person to attend

and testify in a criminal prosecution in this state, the person shall not be subject, while in this

state pursuant to such summons, to arrest or the service of process, civil or criminal, in

connection with matters which arose before the person's entrance into this state under the

summons.
N.D. Cent. Code § 31-04-04.2 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-04.2
31-04-04.2. Use of audiovisual equipment for the testimony of minors or disabled adult witnesses
Status: in_force

31-04-04.2. Use of audiovisual equipment for the testimony of minors or disabled

adult witnesses.

1. At the time of trial, if the witness is a minor or is a disabled adult as defined in section

12.1-31-07, the court may order the witness's testimony be taken in a room other than

the courtroom and be televised by audiovisual equipment in the courtroom if:

a. The testimony is taken during the proceeding;

b. The judge determines the testimony of the witness in the presence of the

defendant would result in the witness suffering serious emotional distress or

trauma that would impact the ability of the witness to reasonably communicate;

and

c. Audiovisual equipment is available.

2. To obtain an order authorizing the use of audiovisual equipment for testimony by a

minor or disabled adult witness, the party shall file a written motion with the court no

later than fourteen days before the trial.

3. Only the prosecuting attorney, attorney for the defendant, guardian ad litem, and the

judge may question the minor or disabled adult witness.

4. The following individuals may be in the room with the witness when the minor or

disabled adult provides testimony:

a. The prosecuting attorney;

b. The guardian ad litem;

c. The judge while administering the oath;

d. The operators of the audiovisual equipment;

e. By order of the court, an individual whose presence contributes to the welfare and

well-being of the witness, including an individual who has dealt with the witness in

a therapeutic setting; and

f. An attorney representing the defendant.

5. The judge and defendant must be allowed to communicate with the individuals in the

room where the witness is testifying through audiovisual equipment or by meeting

outside the presence of the witness.

6. This section does not preclude the presence of both the witness and the defendant in

the courtroom at the same time for purposes of identifying the defendant.
N.D. Cent. Code § 31-08-02 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-02
31-08-02. Proof of witnessed written instruments
Status: in_force

31-08-02. Proof of witnessed written instruments

In proving any written instrument or contract to which there is a subscribing witness, or to

which there are two or more subscribing witnesses, it shall not be necessary to call any such

witness or witnesses, but the instrument or contract may be proved, except for purposes of filing

or recording the same, by the evidence by which an instrument or contract to which there is no

subscribing witness may be proved. It shall not be permissible, in any case, to prove such

instrument or contract by proof of the handwriting of the subscribing witness or witnesses, but in

all cases such instrument or contract must be proved in the same manner as one having no

subscribing witness whatever.
N.D. Cent. Code § 31-01-06 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-06
31-01-06. Public officers cannot testify regarding confidential communications
Status: in_force

31-01-06. Public officers cannot testify regarding confidential communications

A person cannot be examined as a witness in the following cases:

1. Superseded by N.D.R.Ev. 501, 502.

2. Superseded by N.D.R.Ev. 501, 505.

3. Superseded by N.D.R.Ev. 501, 503.

4. A public officer cannot be examined as to communications made to the public officer in

official confidence when the public interests would suffer by the disclosure.
N.D. Cent. Code § 31-01-20 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-20
31-01-20. Advance payment of fees - Return of service of subpoena to state demand and nonpayment
Status: in_force

31-01-20. Advance payment of fees - Return of service of subpoena to state demand

and nonpayment.

Superseded by N.D.R.Civ.P. 45(c)(3), now 45(b).
N.D. Cent. Code § 31-09-11 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-11
31-09-11. Official reports or findings of fact admissible in evidence
Status: in_force

31-09-11. Official reports or findings of fact admissible in evidence

Superseded by N.D.R.Ev. 803.
N.D. Cent. Code § 31-09-01 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-01
31-09-01. Statutes, codes, decisions, when admissible as evidence of laws of foreign jurisdictions
Status: in_force

31-09-01. Statutes, codes, decisions, when admissible as evidence of laws of foreign

jurisdictions.

Books purporting to be printed or published under the authority of any other state, territory,

or foreign country and to contain the statutes, codes, or other written law of such state, territory,

or country, or proved to be admitted commonly in the tribunals of such state, territory, or country

as evidence of the written law thereof, are admissible in this state as evidence of such law. The

unwritten or common law of any other state, territory, or country may be proved as a fact by

parol evidence and the books of reports of cases adjudged in the courts of any such state,

territory, or country also may be admitted as presumptive evidence of such law.
N.D. Cent. Code § 31-01-02 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-02
31-01-02. Competency of husband or wife as witness - Communications made during marriage - Exceptions
Status: in_force

31-01-02. Competency of husband or wife as witness - Communications made during

marriage - Exceptions.

Superseded by N.D.R.Ev. 501, 504.
N.D. Cent. Code § 31-01-12 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-12
31-01-12. Fees for interpreters
Status: in_force

31-01-12. Fees for interpreters

Superseded by N.D.R.Civ.P., Rule 43.
N.D. Cent. Code § 31-04-09 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-09
31-04-09. No title required to affidavits
Status: in_force

31-04-09. No title required to affidavits

It shall not be necessary to entitle an affidavit in the action, but an affidavit made without a

title or with a defective title shall be as valid and effectual for every purpose as if it were duly

entitled, if it intelligibly refers to the action or proceeding in which it is made.
N.D. Cent. Code § 31-01-16.1 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-16.1
31-01-16.1. Witness fees and expenses of municipal police officers
Status: in_force

31-01-16.1. Witness fees and expenses of municipal police officers

Police officers of municipalities in this state shall be entitled to and be paid the witness fees

and expenses allowed by law for other witnesses, when such officers are off duty and are

subpoenaed to testify in actions in which a plea of guilty was not entered. Police officers of

municipalities in this state, appearing as witnesses while on duty, shall be compensated by their

employer at the regular rate for their position.
N.D. Cent. Code § 31-01-13 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-13
31-01-13. Places where persons may be compelled to attend as witnesses in civil matters
Status: in_force

31-01-13. Places where persons may be compelled to attend as witnesses in civil

matters.

Superseded by N.D.R.Civ.P. 45(d)(3), now 45(c)(3).
N.D. Cent. Code § 31-01-21 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-21
31-01-21. Fees may be demanded daily by witness
Status: in_force

31-01-21. Fees may be demanded daily by witness

Superseded by N.D.R.Civ.P. 45(c)(3), now 45(b).
N.D. Cent. Code § 31-01-05 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-05
31-01-05. When transactions or conversations with decedent may be testified to by party to action
Status: in_force

31-01-05. When transactions or conversations with decedent may be testified to by

party to action.

Superseded by N.D.R.Ev. 601.
N.D. Cent. Code § 31-13-05 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-05
31-13-05. DNA database established - How utilized
Status: in_force

31-13-05. DNA database established - How utilized

The laboratory shall establish a centralized database of DNA identification records. The

established system must be compatible with the procedures set forth in the national DNA

identification index to ensure data exchange on a national level. The centralized DNA database

must be used to assist federal, state, and local criminal justice and law enforcement agencies

within and outside the state in the identification or prosecution of criminal offenses. The

laboratory shall receive, analyze, and classify samples in compliance with section 31-13-04 and

shall record the DNA result in a centralized database for identification and statistical purposes.

The laboratory may contract with another laboratory for the analysis and classification of the

samples. A report of the analysis certified by the laboratory is admissible in any court as prima

facie evidence of the facts stated in the report.
N.D. Cent. Code § 31-03-28 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-28
31-03-28. Witness from another state summoned to testify in this state
Status: in_force

31-03-28. Witness from another state summoned to testify in this state

If a person in any state, which by its laws has made provision for commanding persons

within its borders to attend and testify in criminal prosecutions in this state, is a material witness

in a prosecution pending in a court of record in this state, a judge of such court may issue a

certificate under the seal of the court stating these facts and specifying the number of days the

witness will be required. This certificate shall be presented to a judge of a court of record in the

county in which the witness is found.
N.D. Cent. Code § 31-01-03 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-03
31-01-03. Competency of party or officers of corporate party as to transactions or conversations with decedent - Exceptions
Status: in_force

31-01-03. Competency of party or officers of corporate party as to transactions or

conversations with decedent - Exceptions.

Superseded by N.D.R.Ev. 601.
N.D. Cent. Code § 31-01-06.1 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-06.1
31-01-06.1. Counselors shall be immune from disclosing information given by pupils
Status: in_force

31-01-06.1. Counselors shall be immune from disclosing information given by pupils

For the purpose of counseling in a school system, any elementary or secondary school

counselor possessing a valid North Dakota guidance credential from the department of public

instruction, and who has been duly appointed a counselor for a school system by its proper

authority, shall be legally immune from disclosing any privileged or confidential communication

made to such counselor in a counseling interview. Such communication shall be disclosed when

requested by the counselee.
N.D. Cent. Code § 31-01-14 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-14
31-01-14. Places where persons may be compelled to attend as witnesses in criminal matters
Status: in_force

31-01-14. Places where persons may be compelled to attend as witnesses in criminal

matters.

No person is obliged to attend as a witness in a criminal action or proceeding in this state

before a court or magistrate outside of the county in which the person resides or is served with

the subpoena, unless the committing magistrate before whom the defendant is brought, or the

judge of the court in which the offense is triable, or a judge of the district court, or a judge of the

supreme court, upon an affidavit of the state's attorney or prosecutor, or of the defendant, or the

defendant's counsel, stating that the affiant believes the evidence of the witness is material, and

the witness's attendance at the examination or trial necessary, shall endorse upon the subpoena

an order for the attendance of the witness.
N.D. Cent. Code § 31-03-06 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-06
31-03-06. Issuance of subpoenas by persons authorized to take depositions
Status: in_force

31-03-06. Issuance of subpoenas by persons authorized to take depositions

Superseded by N.D.R.Civ.P. 45(d).
N.D. Cent. Code § 31-08.1-04 — ND Code / Title 31 / Chapter 31-08.1 / Section 31-08.1-04
31-08.1-04. Destruction of records by state officers
Status: in_force

31-08.1-04. Destruction of records by state officers

This chapter does not diminish the authority of an officer of this state under existing law to

permit the destruction of any business record.
N.D. Cent. Code § 31-09-09 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-09
31-09-09. Entries made by or by direction of officers or boards constitute prima facie evidence
Status: in_force

31-09-09. Entries made by or by direction of officers or boards constitute prima facie

evidence.

An entry made by an officer, or board of officers, or under the direction and in the presence

of either in the course of official duty, is prima facie evidence of the facts stated in such entry.
N.D. Cent. Code § 31-08-01.3 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-01.3
31-08-01.3. Medical records recording
Status: in_force

31-08-01.3. Medical records recording

The recording of hospital medical records by an electronic image system or reproduction

process is considered a photographic process. The making or recording of hospital medical

records by electronic data processing systems is considered an original written record, and

printout or other types of retrieved information in written or printed form must be treated as

original records in all courts or administrative agencies for the purpose of its admissibility into

evidence.
N.D. Cent. Code § 31-03-24 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-24
31-03-24. Fees for witnesses who have been confined may be allowed - Amount allowable
Status: in_force

31-03-24. Fees for witnesses who have been confined may be allowed - Amount

allowable.

In any criminal case in which it appears to the satisfaction of the trial judge that a witness

who has been required to enter into an undertaking, with sureties, for the witness's appearance

at the trial court, was committed to and confined in prison because the witness actually was

unable to obtain and furnish acceptable sureties by reason of being a stranger or a transient in

the community, or for other good and sufficient reason, such judge may order the allowance to

such witness, and the payment by the proper county, of witness fees, at the rate of fifty cents

per day, for and during the period of imprisonment.
N.D. Cent. Code § 31-15-02 — ND Code / Title 31 / Chapter 31-15 / Section 31-15-02
31-15-02. Applicability
Status: in_force

31-15-02. Applicability

This chapter applies to an unsworn declaration by a declarant who at the time of making the

declaration is physically located within the boundaries of the United States.
N.D. Cent. Code § 31-09-10 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-10
31-09-10. Method of proving official documents
Status: in_force

31-09-10. Method of proving official documents

Official documents may be proved as follows:

1. The acts of the executive of this state, or of a sister state, or of the United States, by a

copy of the records of the state department thereof, certified by the head of such

department, or they may be proved by publications thereof printed by order of the

legislative assembly, or of Congress, or of either house thereof.

2. The proceedings of the legislative assembly of this state, or of a sister state, or of

Congress, by the journals of such body, or of either house thereof, or by copies thereof

printed by the order of such legislative body, or either house thereof, or certified by the

clerk thereof.

3. The acts of the executive or the proceedings of the legislature of a foreign country, by

publications purporting to be made by their authority and to contain a record of such

acts, or commonly received in that country as such, or by a copy of the official record

of such act certified under the seal of the country or sovereign, or by a recognition

thereof in some public act of the executive of the United States.

4. The acts of a municipal corporation of this state, or of a board or department thereof,

by a copy of the official record of such acts, certified by the legal keeper thereof, or by

a printed book purporting to be published by the authority of such corporation and to

contain a record of such acts.

5. Documents of any other class in this state, by the original or by a copy, certified by the

legal keeper thereof.

6. Documents of any other class in a sister state, by the original or by a copy, certified by

the legal keeper thereof, together with the certificate of the secretary of state, judge of

the supreme, superior, or county court, or mayor of a city of such state, that the copy is

duly certified by the officer, who at the date of the certificate had the legal custody of

the original.

7. Documents in the departments of the United States government, by the certificate of

the legal custodian thereof.
N.D. Cent. Code § 31-03-19 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-19
31-03-19. Undertaking for appearance of material witness for state who appeared at preliminary examination - Minors
Status: in_force

31-03-19. Undertaking for appearance of material witness for state who appeared at

preliminary examination - Minors.

If, after a preliminary examination, a defendant is held to answer, the magistrate before

whom the examination was held may require any material witness examined on the part of the

state:

1. To enter into a written undertaking, without surety, to the effect that such witness will

appear and testify at the court to which the complaint and depositions, if any, are to be

sent, or that the witness will forfeit such sum as the magistrate may fix and determine;

or

2. To enter into a written undertaking for the witness's appearance with such sureties and

in such sum as the magistrate may deem proper, if the magistrate is satisfied, by proof

on oath, that there is reason to believe that such witness will not appear and testify

unless security is required.

If any such material witness is a minor, any adult person may be allowed to give an undertaking

for the minor's appearance, or the magistrate may take the undertaking of such minor in a sum

not exceeding fifty dollars, which shall be valid and binding in law, notwithstanding the disability

of minority.
N.D. Cent. Code § 31-03-31 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-31
31-03-31. Witness passing through state to testify in other state exempt from arrest and service of process
Status: in_force

31-03-31. Witness passing through state to testify in other state exempt from arrest

and service of process.

If a person passes through this state while going to another state in obedience to a

summons to attend and testify in a criminal prosecution in that state or while returning

therefrom, the person, while passing through this state, shall not be subject to arrest or the

service of process, civil or criminal, in connection with matters which arose before the person's

entrance into this state under the summons.
N.D. Cent. Code § 31-09-08 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-08
31-09-08. Entries in official books or records constitute prima facie evidence
Status: in_force

31-09-08. Entries in official books or records constitute prima facie evidence

Entries in public or other official books or records made in the performance of duty by a

public officer of this state, or by another person in the performance of a duty specially enjoined

by law, are prima facie evidence of the facts stated therein.
N.D. Cent. Code § 31-15-04 — ND Code / Title 31 / Chapter 31-15 / Section 31-15-04
31-15-04. Required medium
Status: in_force

31-15-04. Required medium

If a law of this state requires a sworn declaration be presented in a particular medium, an

unsworn declaration must be presented in that medium.
N.D. Cent. Code § 31-03-15 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-15
31-03-15. Civil penalty for failure to obey subpoena when called for defendant in criminal action
Status: in_force

31-03-15. Civil penalty for failure to obey subpoena when called for defendant in

criminal action.

A witness disobeying a subpoena issued on the part of the defendant in a criminal action,

unless the witness shows good cause for the witness's nonattendance, is liable to the defendant

in the sum of fifty dollars, which may be recovered in a civil action.
N.D. Cent. Code § 31-11-04 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-04
31-11-04. Presumption of death as to estates in real property
Status: in_force

31-11-04. Presumption of death as to estates in real property

If any person upon whose life any estate in real property depends remains without the

United States, or is absent in the state or elsewhere for seven years together, such person shall

be accounted dead naturally in any action or proceeding concerning such property in which the

person's death shall come in question, unless it is proved affirmatively that the person was alive

during that time.
N.D. Cent. Code § 31-14-01 — ND Code / Title 31 / Chapter 31-14 / Section 31-14-01
31-14-01. Definitions
Status: in_force

31-14-01. Definitions

In this chapter:

1. "Boundaries of the United States" means the geographic boundaries of the United

States, Puerto Rico, the United States Virgin Islands, and any territory or insular

possession subject to the jurisdiction of the United States.

2. "Law" includes the federal or a state constitution; a federal or state statute; a judicial

decision or order; a rule of court; an executive order; and an administrative rule,

regulation, or order.

3. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

4. "Sign" means with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or

process.

5. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.

6. "Sworn declaration" means a declaration in a signed record given under oath. The

term includes a sworn statement, verification, certificate, and affidavit.

7. "Unsworn declaration" means a declaration in a signed record that is not given under

oath but is given under penalty of perjury.
N.D. Cent. Code § 31-03-26 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-26
31-03-26. Summons issued to compel witness to appear in another state
Status: in_force

31-03-26. Summons issued to compel witness to appear in another state

If at the hearing on a certificate to secure the attendance of a person within this state as a

material witness in a criminal prosecution in another state, the judge determines that:

1. The witness is material and necessary;

2. It will not cause undue hardship to the witness to be compelled to attend and testify in

the prosecution in the other state; and

3. The laws of the state in which the prosecution is pending and of any other state

through which the witness may be required to pass by ordinary course of travel will

give the witness protection from arrest and the service of civil and criminal process,

the judge shall issue a summons, with a copy of the certificate attached, directing the witness to

attend and testify in the court where the prosecution is pending at a time and place specified in

the summons.
N.D. Cent. Code § 31-01-17 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-17
31-01-17. Duplicate witness fees not permissible
Status: in_force

31-01-17. Duplicate witness fees not permissible

A witness who is subpoenaed in two or more cases by the same party shall be entitled to

one compensation only from such party for the same day's attendance or travel.
N.D. Cent. Code § 31-03-11 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-11
31-03-11. Methods of service of subpoena - Exception
Status: in_force

31-03-11. Methods of service of subpoena - Exception

Superseded by N.D.R.Civ.P. 45(c)(1), now 45(b)(2).
N.D. Cent. Code § 31-03-23 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-23
31-03-23. Forfeiture of undertaking by witness
Status: in_force

31-03-23. Forfeiture of undertaking by witness

Superseded by N.D.R.Crim.P. 46.
N.D. Cent. Code § 31-01-08 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-08
31-01-08. When conviction of perjury or subornation thereof disqualifies witness - Effect on innocent rights if received
Status: repealed

31-01-08. When conviction of perjury or subornation thereof disqualifies witness -

Effect on innocent rights if received.

Repealed by S.L. 1973, ch. 116, § 41; 1975, ch. 106, § 673.
N.D. Cent. Code § 31-03-14 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-14
31-03-14. Contempt and manner of punishment for failure to obey subpoena, to be sworn, or to testify
Status: in_force

31-03-14. Contempt and manner of punishment for failure to obey subpoena, to be

sworn, or to testify.

Superseded by N.D.R.Civ.P. 45(f), now 45(e).
N.D. Cent. Code § 31-13-01 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-01
31-13-01. Definitions
Status: in_force

31-13-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Department" means the department of corrections and rehabilitation.

2. "DNA" means deoxyribonucleic acid.

3. "Laboratory" means the state crime laboratory.
N.D. Cent. Code § 31-09-01.1 — ND Code / Title 31 / Chapter 31-09 / Section 31-09-01.1
31-09-01.1. Reciprocal enforcement of tax statutes
Status: in_force

31-09-01.1. Reciprocal enforcement of tax statutes

The courts of this state shall recognize and enforce statutes concerning taxation

constitutionally imposed by other states that extend like comity.
N.D. Cent. Code § 31-03-03 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-03
31-03-03. Form for subpoena duces tecum
Status: in_force

31-03-03. Form for subpoena duces tecum

Superseded by N.D.R.Civ.P. 45(b).
N.D. Cent. Code § 31-01-11 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-11
31-01-11. Interpreter for witness - When required - How subpoenaed - Oath or affirmation
Status: in_force

31-01-11. Interpreter for witness - When required - How subpoenaed - Oath or

affirmation.

Superseded by N.D.R.Crim.P., Rule 28.
N.D. Cent. Code § 31-01-06.5 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-06.5
31-01-06.5. Who may claim the privilege
Status: in_force

31-01-06.5. Who may claim the privilege

The privilege may be claimed by the client, the client's guardian or conservator, or the

personal representative of a deceased client. The person who was the counselor at the time of

the communication is presumed to have authority to claim the privilege but only on behalf of the

client.
N.D. Cent. Code § 31-03-29 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-29
31-03-29. Mileage and fees of witness from another state - Length of time to remain in state
Status: in_force

31-03-29. Mileage and fees of witness from another state - Length of time to remain in

state.

If the witness from another state is summoned to attend and testify in a criminal prosecution

in this state, the witness is entitled to the fees and expenses provided to witnesses under

section 31-01-16. A witness who has appeared in accordance with the provisions of the

summons shall not be required to remain within this state for a longer period of time than the

period mentioned in the certificate.
N.D. Cent. Code § 31-03-17 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-17
31-03-17. Prisoner in custody of officer while deposition is taken - Officer to provide facilities for taking deposition
Status: in_force

31-03-17. Prisoner in custody of officer while deposition is taken - Officer to provide

facilities for taking deposition.

While a prisoner's deposition is being taken, the prisoner shall remain in the custody of the

officer having the prisoner in charge and such officer shall provide reasonable facilities for the

taking of the deposition.
N.D. Cent. Code § 31-03-27 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-27
31-03-27. Mileage and witness fees of witness summoned to another state - Failure to appear - Penalty
Status: in_force

31-03-27. Mileage and witness fees of witness summoned to another state - Failure to

appear - Penalty.

If the witness who is summoned as provided in section 31-03-25, after being paid or

tendered by some properly authorized person the sum of ten cents a mile for each mile, by the

ordinarily traveled route to and from the court where the prosecution is pending, and five dollars

for each day that the witness is required to travel and attend as a witness, fails without good

cause to attend and testify as directed in the summons, the witness shall be punished in the

manner provided for the punishment of any witness who disobeys a summons issued from a

court of record in this state.
N.D. Cent. Code § 31-01-09 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-09
31-01-09. Privilege against self-incrimination - Grant of immunity
Status: in_force

31-01-09. Privilege against self-incrimination - Grant of immunity

No person may be compelled to be a witness against himself or herself in a criminal action.

Notwithstanding any provision of law to the contrary, in any criminal proceedings before a court

or grand jury or state's attorney's inquiry, if a person refuses to answer a question or produce

evidence of any kind on the ground that the person may be incriminated thereby, and if the

prosecuting attorney, in writing and with approval of the attorney general, requests the court to

order that person to answer the question or produce the evidence, the court after notice to the

witness and hearing may so order, and that person shall comply with the order. In the case of a

state's attorney's inquiry, such application must be made to the district court. No testimony or

other information compelled under the order, or any information directly or indirectly derived

from the testimony, may be used against the witness in any criminal proceeding, except a

prosecution for perjury, giving a false statement, or contempt committed in answering, or failing

to answer, or in producing, or failing to produce, evidence in accordance with the order.
N.D. Cent. Code § 31-03-18 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-18
31-03-18. Attendance of prisoners as witnesses for state in criminal actions - How effected
Status: in_force

31-03-18. Attendance of prisoners as witnesses for state in criminal actions - How

effected.

When the testimony of a witness for the state is required in a criminal action, before a court

of record of this state, and such witness is confined in the penitentiary or in a county jail, an

order for the witness's temporary removal from the penitentiary or such jail, and for the witness's

production before such court, may be made by the court in which the action is pending or by the

judge authorized by law to preside at the trial of such action. If the penitentiary or such jail is not

located in the county in which the application is made, such order shall be made only upon the

affidavit of the state's attorney or some other person on behalf of the state showing that the

testimony is material and necessary, and even then the granting of the order shall be in the

discretion of the court or such judge. The order must be executed by the sheriff of the county in

which it is made by delivering to the warden or jailer having such witness in charge a copy of

such order, and the warden or jailer shall deliver the person so required to such officer and shall

take such officer's receipt for the person endorsed upon the copy of such order. The officer

receiving any such person shall take the person before the proper court, shall keep the person

safely, and when the person is required no longer as a witness, shall return the person to the

custody from which the person was received. Neither the warden nor the jailer shall be

responsible for any such person until the person's return, and upon the return of any such

person the warden or jailer, as the case may be, shall endorse the warden's or jailer's receipt

upon the original order. The sheriff executing any such order shall return the same to the clerk

of the district court of the county from which it was issued, and said clerk shall file and preserve

the same among the papers in the action. The expense of executing such order shall be paid by

the county in which the order shall be made.
N.D. Cent. Code § 31-04-04 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-04
31-04-04. Oral examination defined
Status: in_force

31-04-04. Oral examination defined

An oral examination is an examination in the presence of the jury or tribunal which is to

decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of

the witness.
N.D. Cent. Code § 31-14-06 — ND Code / Title 31 / Chapter 31-14 / Section 31-14-06
31-14-06. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

31-14-06. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global

and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede

section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the

notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 31-01-16 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-16
31-01-16. Compensation and mileage and travel expense of witness
Status: in_force

31-01-16. Compensation and mileage and travel expense of witness

1. A witness in a civil or criminal case is entitled to receive:

a. A sum of twenty-five dollars for each day necessarily in attendance before the

district court or before any other board or tribunal, except municipal court.

b. A sum for mileage and travel expense reimbursement equal to the reimbursement

rates provided for state employees in sections 44-08-04 and 54-06-09.

2. In all criminal cases in district court, the attorney general shall pay prosecution witness

fees and expenses, in an amount not to exceed thirty thousand dollars per county

per biennium, and the commission on legal counsel for indigents shall pay witness

fees and expenses for witnesses in those cases in which counsel has been provided

by the commission. Prisoners may not be compensated as witnesses under this

section. If a county exceeds the thirty thousand dollar reimbursement during a

biennium, the county may enter an agreement with another county to allow the county

to receive another county's unused reimbursement funds for that biennium, with the

approval of the attorney general.
N.D. Cent. Code § 31-03-09 — ND Code / Title 31 / Chapter 31-03 / Section 31-03-09
31-03-09. Court clerks required to issue blank subpoenas for defendants
Status: in_force

31-03-09. Court clerks required to issue blank subpoenas for defendants

Superseded by N.D.R.Crim.P. 17.
N.D. Cent. Code § 31-14-05 — ND Code / Title 31 / Chapter 31-14 / Section 31-14-05
31-14-05. Form of unsworn declaration
Status: in_force

31-14-05. Form of unsworn declaration

An unsworn declaration under this chapter must be in substantially the following form:

I declare under penalty of perjury under the law of North Dakota that the foregoing is true

and correct, and that I am physically located outside the geographic boundaries of the United

States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession

subject to the jurisdiction of the United States.

Executed on the _____ day of __________, _____, at_____________________________,

(date) (month) (year) (city or other location, and state)

__________.

(country)

____________________________

(printed name)

_____________________________

(signature)
N.D. Cent. Code § 31-13-02 — ND Code / Title 31 / Chapter 31-13 / Section 31-13-02
31-13-02. DNA testing - Admissibility as evidence
Status: in_force

31-13-02. DNA testing - Admissibility as evidence

In any court proceeding, DNA testing is deemed to be a reliable scientific technique, and the

evidence of a DNA profile comparison must be admitted as prima facie evidence to prove or

disprove the identity of any person. This section does not otherwise limit the introduction of any

relevant evidence bearing upon any question at issue before the court. The court, regardless of

the results of the DNA analysis, if any, shall consider other relevant evidence of the identity of

the person as is admissible in evidence.
N.D. Cent. Code § 31-01-07 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-07
31-01-07. Act constituting consent to disclosure of confidential communications
Status: in_force

31-01-07. Act constituting consent to disclosure of confidential communications

Superseded by N.D.R.Ev. 510.
N.D. Cent. Code § 31-14-03 — ND Code / Title 31 / Chapter 31-14 / Section 31-14-03
31-14-03. Validity of unsworn declaration
Status: in_force

31-14-03. Validity of unsworn declaration

1. Except as otherwise provided in subsection 2, if a law of this state requires or permits

use of a sworn declaration, an unsworn declaration meeting the requirements of this

chapter has the same effect as a sworn declaration.

2. This chapter does not apply to:

a. A deposition;

b. An oath of office;

c. An oath required to be given before a specified official other than a notary public;

d. A document intended for recording in the real estate records in the office of

county recorder; or

e. An oath required by section 30.1-08-04.
N.D. Cent. Code § 31-01-06.6 — ND Code / Title 31 / Chapter 31-01 / Section 31-01-06.6
31-01-06.6. Exceptions to the privilege
Status: in_force

31-01-06.6. Exceptions to the privilege

1. There is no privilege under sections 31-01-06.3 through 31-01-06.6 for

communications relevant to an issue in proceedings to hospitalize the client for mental

illness, including alcohol or drug addiction, if the counselor in the course of diagnosis

or treatment has determined the client is in need of hospitalization.

2. If the court orders an examination of the physical, mental, or emotional condition of a

client, whether a party or a witness, communications made in the course thereof are

not privileged under sections 31-01-06.3 through 31-01-06.6 with respect to the

particular purpose for which the examination is ordered unless the court orders

otherwise.

3. There is no privilege under sections 31-01-06.3 through 31-01-06.6 as to a

communication relevant to an issue of the physical, mental, or emotional condition of

the client in any proceeding in which the client relies on a condition as an element of

the client's claim or defense or, after the client's death, in any proceeding in which any

party relies upon the condition as an element of the party's claim or defense.
N.D. Cent. Code § 31-15-06 — ND Code / Title 31 / Chapter 31-15 / Section 31-15-06
31-15-06. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

31-15-06. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supercedes the Electronic Signatures in Global and

National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede

section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the

notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 31-10-04 — ND Code / Title 31 / Chapter 31-10 / Section 31-10-04
31-10-04. Evidence of foreign laws admissible - Notice to adverse party of reliance on foreign laws
Status: in_force

31-10-04. Evidence of foreign laws admissible - Notice to adverse party of reliance on

foreign laws.

Any party may also present to the trial court any admissible evidence of the laws in another

jurisdiction, but, to enable a party to offer evidence of such laws or to ask that judicial notice be

taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or

otherwise.
N.D. Cent. Code § 31-08.1-01 — ND Code / Title 31 / Chapter 31-08.1 / Section 31-08.1-01
31-08.1-01. Definitions
Status: in_force

31-08.1-01. Definitions

As used in this chapter:

1. "Business" includes every kind of private business, profession, occupation, calling, or

operation of a private institution, whether for profit or nonprofit.

2. "Record" or "business record" includes any book of account, voucher, document,

canceled check, payroll, correspondence, record of sales, personnel, equipment

production, report relating to any of these items, and any other business paper.

3. "Reproduction" means a reproduction or durable medium for making a reproduction

obtained by any photographic, photostatic, microfilm, microcard, miniature

photographic, or other process that accurately reproduces or forms a durable medium

for reproducing the original.
N.D. Cent. Code § 31-11-06 — ND Code / Title 31 / Chapter 31-11 / Section 31-11-06
31-11-06. Estoppel by declaration, act, or omission
Status: in_force

31-11-06. Estoppel by declaration, act, or omission

When a party, by that party's own declaration, act, or omission, intentionally and deliberately

has led another to believe a particular thing true and to act upon such belief, that party shall not

be permitted to falsify it in any litigation arising out of such declaration, act, or omission.
N.D. Cent. Code § 31-08-01 — ND Code / Title 31 / Chapter 31-08 / Section 31-08-01
31-08-01. Admissibility in evidence of business records - Term business defined - Exception
Status: in_force

31-08-01. Admissibility in evidence of business records - Term business defined -

Exception.

A record of an act, condition, or event is competent evidence insofar as relevant, if:

1. The custodian or other qualified witness testifies to its identity and the mode of its

preparation.

2. It was made in the regular course of business, at or near the time of the act, condition,

or event.

3. The sources of information and the method and time of preparation, in the opinion of

the court, were such as to justify its admission.

For the purpose of this section, the term "business" includes every kind of business, profession,

occupation, calling, or operation of institutions, whether carried on for profit or not.
N.D. Cent. Code § 31-04-03 — ND Code / Title 31 / Chapter 31-04 / Section 31-04-03
31-04-03. Deposition defined
Status: in_force

31-04-03. Deposition defined

A deposition is a written declaration under oath made upon notice to the adverse party for

the purpose of enabling the adverse party to attend and cross-examine, or upon written

interrogatories.