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N.D.R.Ev. 610

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Rule 610 Religious Beliefs or Opinions

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Rule Text

Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility.

Amendment history: (Adopted Mar. 1, 1990; 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.

A witness's religious beliefs cannot be used in court to make them seem more or less believable. Lawyers cannot bring up what a witness does or doesn't believe religiously to argue that the witness is honest or dishonest.

This keeps trials focused on the actual facts of the case instead of someone's personal faith or lack of faith. A witness's religion, or whether they belong to any religion at all, has nothing to do with whether they're telling the truth on the stand. Courts want juries deciding cases based on evidence and testimony, not on judgments about someone's religious views.

Committee Notes

Rule 610 was amended, effective March 1, 1990; March 1, 2014.

This rule is adopted from Fed.R.Ev. 610. The rule prohibits admission of evidence of religious beliefs only if offered to affect credibility. Such evidence may be offered for other purposes, such as showing bias.

Rule 610 was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.

Rule 610 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 25-26; March 24-25, 1988, page 12; December 3, 1987, page 15; June 3, 1976, page 2; October 1, 1975, page 6. Fed.R.Ev. 610; Rule 610, SBAND proposal.

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