Title 31 — Judicial Proof

16 chapters · 103 sections in this title.

103 sectionsFiltered byTitle 31

N.D.C.C. § 31-01-01 Persons competent to testify as witnesses generally - Exception
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Superseded by N.D.R.Ev. 601. 31-01-02. Competency of husband or wife as witness - Communications made during marriage - Exceptions. Superseded by N.D.R.Ev. 501, 504. 31-01-03. Competency of party or officers of corporate party as to transactions or conversations with decedent - E…
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 Superseded by N.D.R.Ev. 501, 502. 2. Superseded by N.D.R.Ev. 501, 505. 3. Superseded by N.D.R.Ev. 501, 503. 4.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. § 31-01-07 Act constituting consent to disclosure of confidential communications
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Superseded by N.D.R.Ev. 510. 31-01-08. When conviction of perjury or subornation thereof disqualifies witness - Effect on innocent rights if received. Repealed by S.L. 1973, ch. 116, § 41; 1975, ch. 106, § 673.
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. § 31-01-10 Presiding judge or any juror may be called as a witness
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Superseded by N.D.R.Ev. 605, 606. 31-01-11. Interpreter for witness - When required - How subpoenaed - Oath or affirmation. Superseded by N.D.R.Crim.P., Rule 28.
N.D.C.C. § 31-01-12 Fees for interpreters
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Superseded by N.D.R.Civ.P., Rule 43. 31-01-13. Places where persons may be compelled to attend as witnesses in civil matters. Superseded by N.D.R.Civ.P. 45(d)(3), now 45(c)(3). 31-01-14. Places where persons may be compelled to attend as witnesses in criminal matters. No person i…
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. 31-01-18. Expenses of witness paid by city or state upon court order in criminal or municipal court action. When …
N.D.C.C. § 31-01-21 Fees may be demanded daily by witness
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Superseded by N.D.R.Civ.P. 45(c)(3), now 45(b).
N.D.C.C. § 31-01-22 Oath of witness
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Superseded by N.D.R.Civ.P. 43(d).
N.D.C.C. § 31-03-01 Subpoena defined
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The process by which the attendance of a witness is required is a subpoena.
N.D.C.C. § 31-03-02 Requisites of subpoenas and subpoenas duces tecum
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Superseded by N.D.R.Civ.P. 45(a)(b).
N.D.C.C. § 31-03-03 Form for subpoena duces tecum
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Superseded by N.D.R.Civ.P. 45(b).
N.D.C.C. § 31-03-04 Form of subpoena in criminal actions
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Superseded by N.D.R.Crim.P. 17, 58.
N.D.C.C. § 31-03-05 Who to issue subpoenas
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Superseded by N.D.R.Civ.P. 45(a).
N.D.C.C. § 31-03-06 Issuance of subpoenas by persons authorized to take depositions
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Superseded by N.D.R.Civ.P. 45(d).
N.D.C.C. § 31-03-07 Issuance of subpoenas by magistrate in criminal proceedings
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Superseded by N.D.R.Crim.P. 17.
N.D.C.C. § 31-03-08 Issuance of subpoena by state's attorneys
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Superseded by N.D.R.Crim.P. 17.
N.D.C.C. § 31-03-09 Court clerks required to issue blank subpoenas for defendants
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Superseded by N.D.R.Crim.P. 17.
N.D.C.C. § 31-03-10 Who may make service of subpoena
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Superseded by N.D.R.Civ.P. 45(c)(1), now 45(b)(2).
N.D.C.C. § 31-03-11 Methods of service of subpoena - Exception
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Superseded by N.D.R.Civ.P. 45(c)(1), now 45(b)(2).
N.D.C.C. § 31-03-12 Service of subpoena by mail, telegraph, or telephone
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Superseded by N.D.R.Civ.P. 45(c)(2), now 45(b).
N.D.C.C. § 31-03-13 Service of subpoenas - Proof - Peace officers required to make
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Superseded by N.D.R.Crim.P. 17. 31-03-14. Contempt and manner of punishment for failure to obey subpoena, to be sworn, or to testify. Superseded by N.D.R.Civ.P. 45(f), now 45(e). 31-03-15. Civil penalty for failure to obey subpoena when called for defendant in criminal action. A …
N.D.C.C. § 31-03-16 Prisoners may be ordered to appear as witnesses - Depositions
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Any court, by order, may require an officer having the custody of any person confined in any prison in this state to produce such person before it for oral examination in the county where the person is imprisoned. In all other cases, except as otherwise provided in section 31-03-…
N.D.C.C. § 31-03-21 When confinement of material witness for state permitted
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Superseded by N.D.R.Crim.P. 46.
N.D.C.C. § 31-03-22 Conditional examinations of witness
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Superseded by N.D.R.Crim.P. 46.
N.D.C.C. § 31-03-23 Forfeiture of undertaking by witness
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Superseded by N.D.R.Crim.P. 46. 31-03-24. Fees for witnesses who have been confined may be allowed - Amount allowable. In any criminal case in which it appears to the satisfaction of the trial judge that a witness who has been required to enter into an undertaking, with sureties,…
N.D.C.C. § 31-03-25 Summoning witness in this state to testify in another state
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If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in a criminal prosecution in this state, certifies under the seal of such court that: 1. There is a criminal prosecution pending in suc…
N.D.C.C. § 31-03-26 Summons issued to compel witness to appear in another state
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If at the hearing on a certificate to secure the attendance of a person within this state as a material witness in a criminal prosecution in another state, the judge determines that: 1. The witness is material and necessary; 2. It will not cause undue hardship to the witness to b…
N.D.C.C. § 31-03-28 Witness from another state summoned to testify in this state
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If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in this state, is a material witness in a prosecution pending in a court of record in this state, a judge of such court may issu…
N.D.C.C. § 31-03-30 Witness coming into state - Exemption from arrest and service of process
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If a person comes into this state in obedience to a summons directing the person to attend and testify in a criminal prosecution in this state, the person shall not be subject, while in this state pursuant to such summons, to arrest or the service of process, civil or criminal, i…
N.D.C.C. § 31-04-01 Methods of taking testimony of witnesses
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Testimony of witnesses may be taken by: 1. Affidavit. 2. Deposition. 3. Oral examination.
N.D.C.C. § 31-04-02 Affidavit defined
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An affidavit is a written declaration under oath made without notice to the adverse party.
N.D.C.C. § 31-04-03 Deposition defined
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A deposition is a written declaration under oath made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine, or upon written interrogatories.
N.D.C.C. § 31-04-04 Oral examination defined
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An oral examination is an examination in the presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness. 31-04-04.1. Videotaped statement of child sexual offense victim - Criteria for…
N.D.C.C. § 31-04-05 Use of affidavits
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An affidavit may be used: 1. To verify a pleading. 2. To prove the service of a summons, notice, or other process in an action. 3. To obtain a provisional remedy. 4. To obtain an examination of a witness. 5. To obtain a stay of proceedings. 6. Upon a motion. 7. In any other case …
N.D.C.C. § 31-04-06 How proof of publication made
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Proof of the publication of a document or notice required by law or by court order to be published in a newspaper may be made by the affidavit of the publisher of the newspaper, or the publisher's designee, annexed to a copy of the document or notice, specifying the paper in whic…
N.D.C.C. § 31-04-07 Where and how affidavits may be made
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An affidavit may be made in or out of this state before any person authorized to administer an oath.
N.D.C.C. § 31-04-08 Procedure for securing affidavit of person refusing to make the same
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When any party intends to make or oppose a motion in any court and it shall be necessary for the party to have the affidavit of any person who shall have refused to make the same, such court, by order, may appoint a referee to take the affidavit or deposition of such person. Such…
N.D.C.C. § 31-04-09 No title required to affidavits
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It shall not be necessary to entitle an affidavit in the action, but an affidavit made without a title or with a defective title shall be as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refers to the action or proceeding in which it is mad…
N.D.C.C. § 31-04-11 Mediation - Inadmissibility of evidence - Exception
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When persons agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a dispute, evidence of anything said or of any admission made in the course of the mediation is inadmissible as evidence and disclosure may not be compelled in any…