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N.D.R.Ev. 903

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

Rule 903 Subscribing Witness's Testimony

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Rule Text

A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.

Amendment history: (Adopted June 3, 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 you need to prove that a document is real, you usually do not need to call the person who witnessed someone sign it. A document can often be authenticated other ways, without bringing in that witness.

The only time you must have the witness testify is if the law that controls whether the document is valid specifically requires it. For example, some legal documents, like certain wills or contracts, may have laws that say a witness must testify for the document to count. If no such law applies, you can prove the document is genuine through other evidence, like handwriting comparison or someone who recognizes the signature.

In short, this rule saves time and effort by not making witness testimony a default requirement. It only becomes necessary when a specific law demands it for that type of document.

Committee Notes

Rule 903 was amended, effective March 1, 2014.

Under N.D.C.C. § 31-08-02, the common law requirement that subscribing witnesses testify to the authenticity of a document was abrogated. This rule continues the statutory practice, but provides that those witnesses must testify if required by the laws governing the validity of the writing.

Rule 903 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 September 27, 2012, page 26; June 3, 1976, page 12. Fed.R.Ev. 903; Rule 903, SBAND proposal.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. § 31-08-02, Ch. 31-09, §§ 47-19-23, 47-19-24.

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