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N.D.R.Crim.P. 26

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 26 Taking Testimony

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Rule Text

In every trial the testimony of witnesses must be taken orally in open court, unless otherwise provided by a statute or rule.

Amendment history: (Adopted Sept. 23, 1976; amended Mar. 1, 2006.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Witnesses in a criminal trial must speak their testimony out loud, in front of the judge, jury, and everyone else in the courtroom. This is the normal way evidence gets presented at trial.

There are some exceptions. If a specific law or another court rule allows a different method, that method can be used instead. For example, testimony might be taken in writing or through video in certain situations if a rule or statute permits it.

For most cases, though, people should expect witnesses to show up in court and answer questions in person. This lets the judge and jury see and hear the witness directly, and it gives both sides a chance to ask questions face to face.

Committee Notes

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SUPERSEDED: N.D.C.C. §§ 29-21-12, 31-10-01, 31-10-02, 31-11-01.

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