Title 31, Judicial Proof
16 chapters · 102 sections in this title.
N.D.C.C. § 31-01-06 Public officers cannot testify regarding confidential communications
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A person cannot be examined as a witness in the following cases: 1. Superseded by N.D.R.Ev. 501, 502. 2. Superseded by N.D.R.Ev. 501, 505. 3. Superseded by N.D.R.Ev. 501, 503. 4. A public officer cannot be examined as to communications made to the public officer in official confi…
N.D.C.C. § 31-01-06.1 Counselors shall be immune from disclosing information given by pupils
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For the purpose of counseling in a school system, any elementary or secondary school counselor possessing a valid North Dakota guidance credential from the department of public instruction, and who has been duly appointed a counselor for a school system by its proper authority, s…
N.D.C.C. § 31-01-06.2 Disclosure of news sources and information required only on court order
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No person shall be required in any proceeding or hearing to disclose any information or the source of any information procured or obtained while the person was engaged in gathering, writing, photographing, or editing news and was employed by or acting for any organization engaged…
N.D.C.C. § 31-01-06.3 Addiction counselor - Client privilege - Definitions
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As used in sections 31-01-06.3 through 31-01-06.6: 1. "Client" means a person who consults or is examined or interviewed by a counselor. 2. "Confidential communication" means a communication which is not intended to be disclosed to third parties, except persons present to further…
N.D.C.C. § 31-01-06.4 General rule of privilege
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A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of diagnosis or treatment of the client's physical, mental, or emotional condition, including alcohol or drug addiction, among the clien…
N.D.C.C. § 31-01-06.5 Who may claim the privilege
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The privilege may be claimed by the client, the client's guardian or conservator, or the personal representative of a deceased client. The person who was the counselor at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the …
N.D.C.C. § 31-01-06.6 Exceptions to the privilege
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1. There is no privilege under sections 31-01-06.3 through 31-01-06.6 for communications relevant to an issue in proceedings to hospitalize the client for mental illness, including alcohol or drug addiction, if the counselor in the course of diagnosis or treatment has determined …
N.D.C.C. § 31-01-09 Privilege against self-incrimination - Grant of immunity
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No person may be compelled to be a witness against himself or herself in a criminal action. Notwithstanding any provision of law to the contrary, in any criminal proceedings before a court or grand jury or state's attorney's inquiry, if a person refuses to answer a question or pr…
N.D.C.C. § 31-01-14 Places where persons may be compelled to attend as witnesses in criminal matters
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No person is obliged to attend as a witness in a criminal action or proceeding in this state before a court or magistrate outside of the county in which the person resides or is served with the subpoena, unless the committing magistrate before whom the defendant is brought, or th…
N.D.C.C. § 31-01-15 Witness exempt from suit out of county
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A person shall not be liable to be sued in a county in which that person does not reside by being served with a summons in such county while going, returning, or attending as a witness in obedience to a subpoena.
N.D.C.C. § 31-01-16 Compensation and mileage and travel expense of witness
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1. A witness in a civil or criminal case is entitled to receive: a. A sum of twenty-five dollars for each day necessarily in attendance before the district court or before any other board or tribunal, except municipal court. b. A sum for mileage and travel expense reimbursement e…
N.D.C.C. § 31-01-16.1 Witness fees and expenses of municipal police officers
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Police officers of municipalities in this state shall be entitled to and be paid the witness fees and expenses allowed by law for other witnesses, when such officers are off duty and are subpoenaed to testify in actions in which a plea of guilty was not entered. Police officers o…
N.D.C.C. § 31-01-16.2 Compensation of municipal court witnesses
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A witness in municipal court is entitled to receive compensation for time necessarily spent in municipal court. The governing body of the city shall establish the amount of compensation, but in no instance may compensation be more than twenty-five dollars, or less than five dolla…
N.D.C.C. § 31-01-17 Duplicate witness fees not permissible
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A witness who is subpoenaed in two or more cases by the same party shall be entitled to one compensation only from such party for the same day's attendance or travel.
N.D.C.C. § 31-01-18 Expenses of witness paid by city or state upon court order in criminal or municipal court action
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When a person, as a witness in a criminal or municipal court action, appears before a magistrate, grand jury, or court, upon a subpoena or in pursuance of an undertaking and it appears that the person: 1. Has come from a place outside the county; or 2. Is poor and unable to pay t…
N.D.C.C. § 31-01-19 Witness for indigent defendants subpoenaed and paid by city, county, or state under court order in criminal or municipal court action
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If it appears to the court before which a criminal action or municipal ordinance violation is about to be tried that the defendant is unable to pay the witnesses to appear on the defendant's behalf, such court shall make an order that such witnesses as may be deemed reasonable, n…