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N.D.R.Ev. 402

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

Rule 402 General Admissibility of Relevant Evidence

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Rule Text

Relevant evidence is admissible unless any of the following provides otherwise:

(a) the United States Constitution;

(b) the North Dakota Constitution;

(d) a North Dakota statute;

(e) these rules; or

(f) other rules prescribed by the Supreme Court of North Dakota.

Irrelevant evidence is not admissible.

Amendment history: (Adopted Apr. 8, 1976; amended Mar. 1, 2014.)

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

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

If evidence actually matters to the case, courts will generally let it in. That's the basic idea behind this rule. Evidence that helps prove or disprove something important in the case is called "relevant," and relevant evidence can be shown to the judge or jury unless some other law says otherwise.

There are a few things that can block relevant evidence from coming in. This includes the U.S. Constitution, the North Dakota Constitution, federal or state laws, other evidence rules, or rules set by the North Dakota Supreme Court. So even if evidence is relevant, one of these other rules might still keep it out of court.

On the flip side, evidence that has nothing to do with the case cannot be used at all. If it doesn't help prove or disprove a fact that matters, the court won't allow it. This keeps trials focused on the facts that actually count, instead of getting sidetracked by unrelated information.

Committee Notes

Rule 402 was amended, effective March 1, 2014.

The focal point of this rule is not the statement that all relevant evidence is admissible and irrelevant evidence is inadmissible, but rather that the many exceptions to this general statement are recognized and left undisturbed. Thus, for example, relevant evidence may be excluded to assure the continued recognition of a defendant's constitutional rights in a criminal action (such as Miranda); to further the socially desirable policies underlying the privileges of Article V of these rules; or to avoid undue delay, prejudice, or confusion of the issues (Rule 403).

Rule 402 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. 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. There is no intent to change any result in any ruling on evidence admissibility.

SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, pages 13-14; April 8, 1976, pages 19, 20; October 1, 1975, page 3. Fed.R.Ev. 402; Rule 402, SBAND proposal.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 12-59-04, 12.1-04-05, 23-01-15, 25-13-04, 25-14-01, 27-20-54, 29-29.1-05, 39-06.1-03, 39-16-03, 39-16-11, 41-03-52, 50-09-13, 50-10-08, 50-24-31.1, 65-01-11.

← Previous Rule 401: Test for Relevant Evidence Next → Rule 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons