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N.D.R.Ev. 501

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Rule 501 Privileges Recognized Only as Provided

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Rule Text

Except as otherwise provided by constitution or statute or by these or other rules promulgated by the Supreme Court of this State, no person has a privilege to:

(1) refuse to be a witness;

(2) refuse to disclose any matter;

(3) refuse to produce any object or record; or

(4) prevent another from being a witness or disclosing any matter or producing any object or record.

Amendment history: (Adopted Jan. 29, 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.

Privileges are the legal right to keep certain information private during a court case, like conversations between a spouse, a doctor, or a lawyer. This rule says these privileges only exist if they are specifically written into the state constitution, a law passed by the legislature, or a court rule.

In practice, this means people cannot make up their own reasons for refusing to testify or share information. If someone wants to keep something private in court, there has to be an actual rule or law that backs them up. Without that legal basis, a person must answer questions, hand over documents, or testify as a witness when asked.

This rule also blocks someone from stopping another person from testifying or sharing information, unless a specific privilege applies. So neither side can rely on personal feelings or general ideas about privacy to block testimony or evidence. The privilege has to come from an actual legal source, not just from someone's wish to keep something secret.

Committee Notes

Rule 501 was amended, effective March 1, 2014.

As a general principle, evidentiary privileges will be granted and applied in accordance with the provisions of these rules.

Certain statutory privileges, however, include matters beyond the proper scope of evidentiary rules, and others have been found to be in accordance with the philosophy of these rules. These statutes have been left undisturbed. Thus, for example, the privilege against self-incrimination (N.D.C.C. § 31-01-09), the privilege relating to grand jury testimony (N.D.C.C. § 29-10.1-30) and the privileges afforded qualified school counselors (N.D.C.C. § 31-01-06.1) and journalists (N.D.C.C. § 31-01-06.2) all remain in effect under these rules.

Rule 501 was amended, effective March 1, 2014, to replace the term "writing" with the term "record" to account for electronic records and documents. The amendment is consistent with the 1999 amendments to the Uniform Rules of Evidence.

SOURCES: Joint Procedure Committee Minutes of April 25-26, 2013, pages 27-28; January 29, 1976, page 2. Rule 501, Uniform Rules of Evidence (1974).

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. §§ 14-12.1-22, 31-01-02, 31-01-06(1), 31-01-06(2), 31-01-06(3).

CONSIDERED: N.D.C.C. §§ 10-23-10, 10-28-06, 12-59-04, 12.1-29-04, 14-02.1-07, 14-16-02, 14-17-19, 14-17-22, 19-16.1-10, 23-01-15, 23-02-23, 23-07-01.1, 23-25-06, 26-17.1-49, 27-05.1-14, 29-10.1-30, 31-01-06(4), 31-01-06.1, 31-01-06.2, 31-01-09, 37-18-11(6)(b), 50-25.1-11, 65-13-10.

← Previous Rule 412: Sex-offense Cases: The Victim's Sexual Behavior or Predisposition Next → Rule 502: Lawyer-client Privilege