Evidence. At the hearing upon the motion the court shall consider any evidence, written or oral, by witnesses or affidavit, as may be material to the ground of the motion. Except for an order dismissing the litigation pursuant to 7 CMC § 2454(b), no determination made by the court in determining or ruling upon the motion shall be or be deemed to be a determination of any issue in the litigation or of the merits thereof. Source: PL 21-11, § 2 (§ 103) (Oct. 30, 2019), modified. Commission Comment: The Commission changed an internal section reference to reflect section renumbering pursuant to 1 CMC § 3806(c).