Title 31 — Judicial Proof

1. A statement, affirmation, gesture, or conduct of a health care provider, or health care provider's employee or agent, which expresses apology, sympathy, commiseration, condolence, compassion, or benevolence to a patient or to a patient's relative or representative is not admis…

If any business, institution, member of a profession or calling, or any department or agency of government in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, oc…

If appropriate safeguards have been taken to limit access to medical records in an electronic data storage system, a medical record in an electronic data storage system may be authenticated by an electronic signature or a computer-generated signature code.

The recording of hospital medical records by an electronic image system or reproduction process is considered a photographic process. The making or recording of hospital medical records by electronic data processing systems is considered an original written record, and printout o…

In proving any written instrument or contract to which there is a subscribing witness, or to which there are two or more subscribing witnesses, it shall not be necessary to call any such witness or witnesses, but the instrument or contract may be proved, except for purposes of fi…

The handwriting of any person shall be competent evidence for the purpose of furnishing a standard of comparison, in all cases wherein the genuineness of a writing is questioned or the identity of the writer is sought to be established. 31-08-03. Proof of writing by admission of …

In all cases in which the probable duration of the natural life of any person from and after a particular age is material, standard statistical tables of mortality are competent evidence of such probable duration or expectation of life. 31-08-06. When instruments affecting real p…

Every insurance adjuster, attorney, or any other person who takes the statement of an individual, who may be a party to possible litigation, for use or possible use in the preparation of or trying of a civil suit arising out of a tortious act, and whether said statement be in wri…

The courts of this state shall recognize and enforce statutes concerning taxation constitutionally imposed by other states that extend like comity. 31-09-02. When copies of records and proceedings of federal, state, and territorial courts admissible in evidence. Copies of the rec…

Whenever the testimony of a witness at a trial or hearing which was reported stenographically or by an electronic court reporting system is admissible in evidence at a trial, it may be proved by the transcript thereof duly certified by the person who reported or transcribed the t…

A judicial record of a foreign country may be proved by the attestation of the clerk with the seal of the court annexed, if there is a clerk and seal, or of the legal keeper of the record, with the seal of office annexed, if there is a seal, together with the certificate of the c…

A transcript of the docket record of a county judge in an action or proceeding, when certified by the judge or the judge's successor in office, shall be evidence to prove the facts contained in that transcript in any action or other proceeding in the county wherein the record was…

Repealed by S.L. 1991, ch. 326, § 203.

Entries in public or other official books or records made in the performance of duty by a public officer of this state, or by another person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts stated therein. 31-09-09. Entries made by or …

Official documents may be proved as follows: 1. The acts of the executive of this state, or of a sister state, or of the United States, by a copy of the records of the state department thereof, certified by the head of such department, or they may be proved by publications thereo…

Superseded by N.D.R.Ev. 803. 31-09-12. Cross-examination of person making reports or findings or person furnishing information used therein. Superseded by N.D.R.Ev. 803.

Superseded by N.D.R.Crim.P. Rules 26, 26.1; N.D.R.Ev. 201. 31-10-03. Foreign laws - Those judicially noted - How court familiarized with - Reviewable. Every court of this state shall take judicial notice of the common law and statutes of every state, territory, and other jurisdic…

The law of a jurisdiction other than those jurisdictions referred to in section 31-10-03 shall be an issue for the court, but shall not be subject to the provisions concerning judicial notice contained in such section.

Superseded by N.D.R.Crim.P. 26; N.D.R.Ev. 301.

The following presumptions, and no others, are conclusive: 1. A malicious and guilty intent from the deliberate commission of an unlawful act for the purpose of injuring another. 2. The truth of the facts from a recital in a written instrument between the parties thereto, or thei…

All presumptions other than those set forth in section 31-11-02 are satisfactory if uncontradicted. They are denominated disputable presumptions and may be contradicted by other evidence. The following are of that kind: 1. That a person is innocent of crime or wrong. 2. That an u…

If any person upon whose life any estate in real property depends remains without the United States, or is absent in the state or elsewhere for seven years together, such person shall be accounted dead naturally in any action or proceeding concerning such property in which the pe…

Written findings of presumed death, made by the secretary of war, the secretary of the navy, or other officer or employee of the United States authorized to make such findings, pursuant to the Federal Missing Persons Act, as now or hereafter amended, or a duly certified copy of s…

For the purposes of sections 31-11-04.1 and 31-11-04.2, any finding, report, or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States, shall prima facie be deemed to have been signed and issued by such an office…

The maxims of jurisprudence set forth in this section are not intended to qualify any of the provisions of the laws of this state, but to aid in their just application: 1. When the reason of a rule ceases so should the rule itself. 2. When the reason is the same the rule should b…

When a party, by that party's own declaration, act, or omission, intentionally and deliberately has led another to believe a particular thing true and to act upon such belief, that party shall not be permitted to falsify it in any litigation arising out of such declaration, act, …

A tenant shall not be permitted to deny the title of the tenant's landlord at the time of the commencement of the relation.

As used in this chapter, unless the context otherwise requires: 1. "Department" means the department of corrections and rehabilitation. 2. "DNA" means deoxyribonucleic acid. 3. "Laboratory" means the state crime laboratory.

In any court proceeding, DNA testing is deemed to be a reliable scientific technique, and the evidence of a DNA profile comparison must be admitted as prima facie evidence to prove or disprove the identity of any person. This section does not otherwise limit the introduction of a…

1. An individual eighteen years of age or over who is arrested or summoned to appear before a magistrate for the commission of a felony shall provide to a law enforcement officer or correctional personnel at the time of the individual's arrest or appearance or upon booking into a…

1. Samples of blood or other body fluids for DNA testing may be obtained in a medically approved manner by a physician, registered nurse, licensed practical nurse, phlebotomist, or medical technologist, and packaged and submitted in kits approved or provided by the laboratory and…

The laboratory shall establish a centralized database of DNA identification records. The established system must be compatible with the procedures set forth in the national DNA identification index to ensure data exchange on a national level. The centralized DNA database must be …

Notwithstanding section 44-04-18, except as necessary for law enforcement purposes, all records produced from the samples taken as provided in this chapter must be securely stored and are confidential. However, the records must be available to: 1. Any person who is the subject of…

1. An individual whose DNA profile has been included in the database under this chapter may petition the district court to seal the court record on the grounds that the arrest that led to the inclusion of the DNA profile has not resulted in a felony charge within one year; has be…

The attorney general shall adopt rules pursuant to chapter 28-32 necessary to carry out provisions of the DNA database identification system. The rules must include procedures for collection, analysis, and classification of samples of blood and other body fluids, database system …

Upon payment of a reasonable fee established by the laboratory, the laboratory shall provide, upon the request of appropriate law enforcement agencies for use for official purposes, an updated list of names of individuals whose DNA profiles are stored in the database at the labor…

An individual who willfully tampers or attempts to tamper with a sample of blood or body fluids or a collection device or kit to alter the outcome of DNA testing is guilty of a class C felony. An individual who willfully possesses, distributes, or assists in the use of a device, …

In this chapter: 1. "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. 2. "Law" includes the federal or a …

This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply t…

1. Except as otherwise provided in subsection 2, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration. 2. This chapter does not apply to: a. A deposition; …

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.

An unsworn declaration under this chapter must be in substantially the following form: I declare under penalty of perjury under the law of North Dakota that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States,…

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the not…

In this chapter: 1. "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. 2. "Law" includes a statute, judici…

This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within the boundaries of the United States.

1. Except as otherwise provided in subsection 2, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration. 2. This chapter does not apply to: a. A deposition; …

If a law of this state requires a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.

An unsworn declaration under this chapter must be substantially in the following form: I declare, under penalty of perjury under the law of North Dakota, that the foregoing is true and correct. Signed on the _____ day of _______, _______ at ____________________, ___________ (mont…

This chapter modifies, limits, or supercedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the notices desc…

As used in this chapter: 1. "Business" includes every kind of private business, profession, occupation, calling, or operation of a private institution, whether for profit or nonprofit. 2. "Record" or "business record" includes any book of account, voucher, document, canceled chec…