North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-32.1-10. Hearing--Evidence

1. Evidence must be presented in open court, recorded, and preserved as part of the record of the proceedings.

2. A certified record of previous proceedings may be used as evidence of facts and occurrences established therein, but use of that record does not preclude either party from offering additional evidence as to those facts and occurrences.

3. The deposition of a witness may be received in evidence, without regard to the availability of the witness, if written notice of intention to use the deposition was given in advance of the hearing and the deposition was taken subject to the right of cross-examination.