CHAPTER 31-09
PUBLIC DOCUMENTS, RECORDS, AND WRITINGS
31-09-01.
Statutes, codes, decisions, when admissible as evidence of laws of
foreign jurisdictions. Books purporting to be printed or published under the authority of any<br>other state, territory, or foreign country and to contain the statutes, codes, or other written law of<br>such state, territory, or country, or proved to be admitted commonly in the tribunals of such state,<br>territory, or country as evidence of the written law thereof, are admissible in this state as<br>evidence of such law. The unwritten or common law of any other state, territory, or country may<br>be proved as a fact by parol evidence and the books of reports of cases adjudged in the courts of<br>any such state, territory, or country also may be admitted as presumptive evidence of such law.
31-09-01.1. Reciprocal enforcement of tax statutes. The courts of this state shall
recognize and enforce statutes concerning taxation constitutionally imposed by other states that<br>extend like comity.
31-09-02. When copies of records and proceedings of federal, state, and territorial
courts admissible in evidence. Copies of the records and judicial proceedings of any court of<br>the United States, or of any state or territory of the United States, shall be admissible as<br>evidence in this state when attested by the clerk with the seal of the court annexed, if there is a<br>seal, together with a certificate of the judge, chief justice, or presiding magistrate that the<br>attestation is in due form, and the said records and judicial proceedings so authenticated shall<br>have such faith and credit given to them in every court within this state as they have by law or<br>usage in the courts of the United States or of the state or territory from which they are taken.
31-09-03. Stenographic report or transcript as evidence. Whenever the testimony of
a witness at a trial or hearing which was reported stenographically or by an electronic court<br>reporting system is admissible in evidence at a trial, it may be proved by the transcript thereof<br>duly certified by the person who reported or transcribed the testimony.
31-09-04.
How judicial record of foreign country proved.
A judicial record of a
foreign country may be proved by the attestation of the clerk with the seal of the court annexed, if<br>there is a clerk and seal, or of the legal keeper of the record, with the seal of office annexed, if<br>there is a seal, together with the certificate of the chief judge or presiding magistrate that the<br>person making the attestation is the clerk of the court, or the legal keeper of the record, and in<br>either case, that the signature of such person is genuine and that the attestation is in due form.<br>The signature of the chief judge or presiding magistrate must be authenticated by the certificate<br>of the minister, ambassador, or a consul, vice consul, or consular agent of the United States in<br>such foreign country.
31-09-05. Certified transcript of judge's record admissible in courts of county. A
transcript of the docket record of a county judge in an action or proceeding, when certified by the<br>judge or the judge's successor in office, shall be evidence to prove the facts contained in that<br>transcript in any action or other proceeding in the county wherein the record was made.
31-09-06. Certified transcript of county judge's record admissible in courts of other
counties. A transcript of the docket record of a county judge in an action or proceeding, when<br>certified by the judge or the judge's successor in office, may be read in evidence in another<br>county if there is attached thereto a certificate of the clerk of the district court of the county in<br>which such record was made, under the seal of the court, to the effect that the person certifying<br>such transcript was at the date thereof a county judge of the county, and in addition, if such<br>docket record was made by another, that such other at the time of the making of the same was a<br>county judge of the county.
31-09-07. Clerk of court - Certificate to official acts of judge. Repealed by S.L. 1991,
ch. 326, § 203.
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31-09-08.
Entries in official books or records constitute prima facie evidence.
Entries in public or other official books or records made in the performance of duty by a public<br>officer of this state, or by another person in the performance of a duty specially enjoined by law,<br>are prima facie evidence of the facts stated therein.
31-09-09. Entries made by or by direction of officers or boards constitute prima
facie evidence. An entry made by an officer, or board of officers, or under the direction and in<br>the presence of either in the course of official duty, is prima facie evidence of the facts stated in<br>such entry.
31-09-10. Method of proving official documents. 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<br>a copy of the records of the state department thereof, certified by the head of such<br>department, or they may be proved by publications thereof printed by order of the<br>legislative assembly, or of Congress, or of either house thereof.
2.
The proceedings of the legislative assembly of this state, or of a sister state, or of<br>Congress, by the journals of such body, or of either house thereof, or by copies<br>thereof printed by the order of such legislative body, or either house thereof, or<br>certified by the clerk thereof.
3.
The acts of the executive or the proceedings of the legislature of a foreign country,<br>by publications purporting to be made by their authority and to contain a record of<br>such acts, or commonly received in that country as such, or by a copy of the official<br>record of such act certified under the seal of the country or sovereign, or by a<br>recognition thereof in some public act of the executive of the United States.
4.
The acts of a municipal corporation of this state, or of a board or department thereof,<br>by a copy of the official record of such acts, certified by the legal keeper thereof, or<br>by a printed book purporting to be published by the authority of such corporation and<br>to contain a record of such acts.
5.
Documents of any other class in this state, by the original or by a copy, certified by<br>the legal keeper thereof.
6.
Documents of any other class in a sister state, by the original or by a copy, certified<br>by the legal keeper thereof, together with the certificate of the secretary of state,<br>judge of the supreme, superior, or county court, or mayor of a city of such state, that<br>the copy is duly certified by the officer, who at the date of the certificate had the legal<br>custody of the original.
7.
Documents in the departments of the United States government, by the certificate of<br>the legal custodian thereof.
31-09-11. Official reports or findings of fact admissible in evidence. Superseded by
N.D.R.Ev., Rule 803.
31-09-12.
Cross-examination of person making reports or findings or person
furnishing information used therein. Superseded by N.D.R.Ev., Rule 803.
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Document Outline
chapter 31-09 public documents, records, and writings
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