North Dakota Mock Trial Rules

Midwest

ND · Capital: Bismarck

Evidence Rules

North Dakota Rules of Evidence

Citation: N.D.R. Evid.

North Dakota closely follows the FRE but applies the Daubert-Kumho framework for expert testimony under N.D.R. Evid. 702 as confirmed in State v. Hernandez
N.D.R. Evid. 803(24) residual hearsay exception requires advance notice and a finding that the statement has circumstantial guarantees of trustworthiness
North Dakota interprets the best evidence rule (N.D.R. Evid. 1002) more liberally than the FRE, particularly for electronically stored information

Rule	Description
N.D.R. Evid. 702	Expert testimony evaluated under Daubert-Kumho reliability framework; trial courts act as gatekeepers assessing methodology and application
N.D.R. Evid. 404(b)	Other acts evidence requires the State to provide notice and the court to apply a Rule 403 balancing test; exclusion is the default absent proper purpose
N.D.R. Evid. 609(a)	Impeachment by felony conviction permitted within 10 years if probative value outweighs prejudicial effect; crimes of dishonesty are automatically admissible

Civil Procedure

North Dakota Rules of Civil Procedure (N.D.R. Civ. P.)

Criminal Procedure

North Dakota Rules of Criminal Procedure (N.D.R. Crim. P.)

North Dakota District Courts are the sole trial courts of general jurisdiction across seven judicial districts (formerly nine)
Court-annexed mediation is available and encouraged in civil cases before trial
Voir dire is primarily judge-conducted with limited attorney follow-up questioning in North Dakota courts

Civil Jury Size

Criminal Jury Size

Unanimity Required

Civil juries consist of 6 jurors; parties may stipulate to a different number
Criminal juries for crimes punishable by imprisonment exceeding one year require 12 jurors
Unanimous verdict required in criminal cases; civil verdicts require five-sixths majority

Experience a realistic courtroom simulation using North Dakota rules and procedures.