31-01 Witnesses, Their Qualifications, Rights, and Duties
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<![CDATA[TITLE 31JUDICIAL PROOFCHAPTER 31-01WITNESSES, THEIR QUALIFICATIONS, RIGHTS, AND DUTIES31-01-01.Persons competent to testify as witnesses generally - Exception.Superseded by N.D.R.Ev. 601.31-01-02.Competency of husband or wife as witness - Communications madeduring marriage - Exceptions. Superseded by N.D.R.Ev. 501, 504.31-01-03. Competency of party or officers of corporate party as to transactions orconversations with decedent - Exceptions. Superseded by N.D.R.Ev. 601.31-01-04. When husband or wife may testify to transactions and conversations hadwith deceased spouse. Superseded by N.D.R.Ev. 601.31-01-05. When transactions or conversations with decedent may be testified to byparty to action. Superseded by N.D.R.Ev. 601.31-01-06. Public officers cannot testify regarding confidential communications. Aperson 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Superseded by N.D.R.Ev. 501, 502.2.Superseded by N.D.R.Ev. 501, 505.3.Superseded by N.D.R.Ev. 501, 503.4.A public officer cannot be examined as to communications made to the public officer<br>in official confidence when the public interests would suffer by the disclosure.31-01-06.1.Counselors shall be immune from disclosing information given bypupils. For the purpose of counseling in a school system, any elementary or secondary school<br>counselor possessing a valid North Dakota guidance credential from the department of public<br>instruction, and who has been duly appointed a counselor for a school system by its proper<br>authority, shall be legally immune from disclosing any privileged or confidential communication<br>made to such counselor in a counseling interview. Such communication shall be disclosed when<br>requested by the counselee.31-01-06.2. Disclosure of news sources and information required only on courtorder. No person shall be required in any proceeding or hearing to disclose any information or<br>the source of any information procured or obtained while the person was engaged in gathering,<br>writing, photographing, or editing news and was employed by or acting for any organization<br>engaged in publishing or broadcasting news, unless directed by an order of a district court of this<br>state which, after hearing, finds that the failure of disclosure of such evidence will cause a<br>miscarriage of justice.31-01-06.3. Addiction counselor - Client privilege - Definitions. As used in sections31-01-06.3 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<br>disclosed to third parties, except persons present to further the interest of the client<br>in the consultation, examination, or interview, persons reasonably necessary for thePage No. 1transmission of the communication, or persons who are participating in the diagnosis<br>and treatment under the direction of the counselor, including members of the client's<br>family.3."Counselor" means an addiction counselor who has been licensed under chapter<br>43-45 or who is reasonably believed by the client so to be, while engaged in the<br>diagnosis or treatment of a physical, mental, or emotional condition, including<br>alcohol or any addiction.4."Privilege"meansthecounselor-clientprivilegeauthorizedundersections31-01-06.3 through 31-01-06.6.31-01-06.4. General rule of privilege. A client has a privilege to refuse to disclose andto prevent any other person from disclosing confidential communications made for the purpose of<br>diagnosis or treatment of the client's physical, mental, or emotional condition, including alcohol or<br>drug addiction, among the client, the client's counselor, and persons who are participating in the<br>diagnosis or treatment under the direction of the counselor, including members of the client's<br>family.31-01-06.5. Who may claim the privilege. The privilege may be claimed by the client,the client's guardian or conservator, or the personal representative of a deceased client. The<br>person who was the counselor at the time of the communication is presumed to have authority to<br>claim the privilege but only on behalf of the client.31-01-06.6. Exceptions to the privilege.1.Thereisnoprivilegeundersections31-01-06.3through31-01-06.6forcommunications relevant to an issue in proceedings to hospitalize the client for<br>mental illness, including alcohol or drug addiction, if the counselor in the course of<br>diagnosis or treatment has determined the client is in need of hospitalization.2.If the court orders an examination of the physical, mental, or emotional condition of a<br>client, whether a party or a witness, communications made in the course thereof are<br>not privileged under sections 31-01-06.3 through 31-01-06.6 with respect to the<br>particular purpose for which the examination is ordered unless the court orders<br>otherwise.3.There is no privilege under sections 31-01-06.3 through 31-01-06.6 as to a<br>communication relevant to an issue of the physical, mental, or emotional condition of<br>the client in any proceeding in which the client relies on a condition as an element of<br>the client's claim or defense or, after the client's death, in any proceeding in which<br>any party relies upon the condition as an element of the party's claim or defense.31-01-07. Act constituting consent to disclosure of confidential communications.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, </p>
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