If testimony at a hearing or trial is admissible in evidence at a later trial, the testimony may be proved by a transcript certified by the person who prepared it.
Rule 80.Transcript as Evidence
Group X: District Courts and Clerks · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 80 lets a party prove testimony given at an earlier hearing or trial — when that testimony is admissible at a later trial — by offering a transcript certified by the person who prepared it.
Full Text of Rule 80
Explanatory Note
Rule 80 was amended, effective March 1, 1997; March 1, 2011. Rule 80 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal
Rules of Civil Procedure. 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.
Plain-English Summary
Testimony from an earlier proceeding sometimes belongs in a later one — a witness who testified at a first trial or a hearing may become unavailable, or the earlier testimony may otherwise qualify for admission at a later trial. Rule 80 answers a narrow but practical question: once that testimony is admissible, how do you prove what was said? The rule's answer is a certified transcript, prepared and certified by the person who made it, typically the court reporter who took down the proceeding.
The rule does not decide whether the earlier testimony can come in — that question is answered elsewhere, by the rules of evidence. Rule 80 only supplies the method of proof once admissibility is settled, sparing a party from having to re-call a witness or find some other way to establish what was said the first time.
The rule has changed little since it was adopted. A 1997 amendment and the 2011 style revision — prompted by a broader 2007 restyling of the federal rules — left its substance untouched.
Frequently Asked Questions
Does Rule 80 decide whether testimony from an earlier hearing can be used at a new trial?
No. Rule 80 assumes admissibility has already been established under the rules of evidence; it only addresses how to prove what was said once that testimony is admissible — through a certified transcript.
Who can certify the transcript used under Rule 80?
The person who prepared it, which is typically the court reporter who transcribed the earlier hearing or trial.
Can I use a transcript from a hearing, not just a full trial, to prove earlier testimony?
Yes. Rule 80 applies to testimony given at either a hearing or a trial, so long as that testimony is admissible in evidence at the later trial.
Do I need to bring the original witness back to testify again?
Not under Rule 80. If the earlier testimony is admissible at the later trial, a transcript certified by the person who prepared it suffices to prove what the witness said, without recalling the witness.
Has Rule 80 changed much since it was first adopted?
Only modestly. It was amended effective March 1, 1997, and again in 2011 for style and consistency following a 2007 restyling of the federal rules, but its substance has stayed the same.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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