RULE 26. TAKING TESTIMONY
Effective Date: 3/1/2006
In every trial the testimony of witnesses must be taken orally in open court, unless otherwise provided by a statute or rule.
Rule 26 was amended, effective February 15, 1977; March 1, 2006.
Rule 26 is an adaptation of Fed.R.Crim.P. 26, modified only to the extent necessary to conform to the court system of North Dakota.
Rule 26 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, page 20; September 23-24, 1976, pages 79-80; October 17-20, 1972, pages 28-29; December 11-12, 1968, pages 13-14; Fed.R.Crim.P. 26.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. §§ 29-21-11, 29-21-12.1, 29-21-14, 29-21-38, 31-10-03, 31-10-04, 31-10-05, 31-11-02, 31-11-03, 31-11-04, 31-11-04.1, 31-11-04.2, 31-11-04.3, 31-11-05, 31-11-06, 31-11-07. Chapters 31-04, 31-08, 31-09.
SUPERSEDED: N.D.C.C. §§ 29-21-12, 31-10-01, 31-10-02, 31-11-01.