Rule 903 - Subscribing Witness' TestimonyA subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.
EXPLANATORY NOTE Rule 903 was amended, effective 3/1/2014. Under N.D.C.C. § 31-08-02, the common law requirement that subscribing witnesses testify to the authenticity of a document was abrogated. This rule continues the statutory practice, but provides that those witnesses must testify if required by the laws governing the validity of the writing. Rule 903 was amended, effective 3/1/2014, in response to the12/1/2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility. SOURCES: Joint Procedure Committee Minutes of9/27/2012, page 26;6/3/1976, page 12. Fed.R.Ev. 903; Rule 903, SBAND proposal. STATUTES AFFECTED: CONSIDERED: N.D.C.C. § 31-08-02, Ch. 31-09, §§ 47-19-23, 47-19-24.