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31-08 Private Records and Writings

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CHAPTER 31-08PRIVATE RECORDS AND WRITINGS31-08-01. Admissibility in evidence of business records - Term business defined -Exception. A record of an act, condition, or event is competent evidence insofar as relevant, if:1.The custodian or other qualified witness testifies to its identity and the mode of its<br>preparation.2.It was made in the regular course of business, at or near the time of the act,<br>condition, or event.3.The sources of information and the method and time of preparation, in the opinion of<br>the court, were such as to justify its admission.For the purpose of this section, the term &quot;business&quot; includes every kind of business, profession,<br>occupation, calling, or operation of institutions, whether carried on for profit or not.31-08-01.1. Certain copies of business and public records admissible in evidence.If any business, institution, member of a profession or calling, or any department or agency of<br>government in the regular course of business or activity has kept or recorded any memorandum,<br>writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or<br>event, and in the regular course of business has caused any or all of the same to be recorded,<br>copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature<br>photographic, optical disk, or other process which accurately reproduces or forms a durable<br>medium for so reproducing the original, the original may be destroyed in the regular course of<br>business unless its preservation is required by law.Such reproduction, when satisfactorilyidentified, is as admissible in evidence as the original itself in any judicial or administrative<br>proceeding whether or not the original is in existence and an enlargement or facsimile of such<br>reproduction is likewise admissible in evidence if the original reproduction is in existence and<br>available for inspection under direction of the court. The introduction of a reproduced record,<br>enlargement, or facsimile does not preclude admission of the original.31-08-01.2.Medical records authentication.If appropriate safeguards have beentaken to limit access to medical records in an electronic data storage system, a medical record in<br>an electronic data storage system may be authenticated by an electronic signature or a<br>computer-generated signature code.31-08-01.3. Medical records recording. The recording of hospital medical records byan electronic image system or reproduction process is considered a photographic process. The<br>making or recording of hospital medical records by electronic data processing systems is<br>considered an original written record, and printout or other types of retrieved information in<br>written or printed form must be treated as original records in all courts or administrative agencies<br>for the purpose of its admissibility into evidence.31-08-02. Proof of witnessed written instruments. In proving any written instrumentor contract to which there is a subscribing witness, or to which there are two or more subscribing<br>witnesses, it shall not be necessary to call any such witness or witnesses, but the instrument or<br>contract may be proved, except for purposes of filing or recording the same, by the evidence by<br>which an instrument or contract to which there is no subscribing witness may be proved. It shall<br>not be permissible, in any case, to prove such instrument or contract by proof of the handwriting<br>of the subscribing witness or witnesses, but in all cases such instrument or contract must be<br>proved in the same manner as one having no subscribing witness whatever.31-08-02.1. Handwriting admissible in evidence for comparison. The handwriting ofany person shall be competent evidence for the purpose of furnishing a standard of comparison,<br>in all cases wherein the genuineness of a writing is questioned or the identity of the writer is<br>sought to be established.Page No. 131-08-03. Proof of writing by admission of genuineness - Effect of refusal to giveadmission. Superseded by N.D.R.Civ.P., Rules 36, 37(c).31-08-04. How copy or inspection of writing in hands of adverse party obtainable -Effect of refusal to give. Superseded by N.D.R.Civ.P., Rule 34.31-08-05. Statistical tables admissible to establish life expectancy. In all cases inwhich the probable duration of the natural life of any person from and after a particular age is<br>material, standard statistical tables of mortality are competent evidence of such probable<br>duration or expectation of life.31-08-06.When instruments affecting real property, or records or copies ofrecords thereof, admissible in evidence. Every instrument conveying or affecting real property<br>which has been acknowledged or proved and certified as provided by the laws of this state,<br>together with the certificate of acknowledgment or proof, may be read in evidence in an action or<br>proceeding without any further proof. The record of such instrument, or a duly authenticated<br>copy of the record, may be read in evidence with the same effect as the original, on proof by<br>affidavit or otherwise that the original is not in the possession or under the control of the party<br>producing such record or copy.31-08-07. Copies of statements to be provided - When statement admissible. Everyinsurance adjuster, attorney, or any other person who takes the statement of an individual, who<br>may be a party to possible litigation, for use or possible use in the preparation of or trying of a<br>civil suit arising out of a tortious act, and whether said statement be in writing or by any device<br>which records matters stated, other than depositions and court proceedings, shall provide a copy<br>of the statement to the person from whom said statement was taken within thirty days of the<br>making of the statement. No such statement shall be used directly or indirectly in connection<br>with a civil action unless submitted to the person as required herein.Page No. 2Document Outlinechapter 31-08 private records and writings