Rentz v. BNSF Railway Co.

Citations

• 2020 ND 301

Syllabus

Rule 615, N.D.R.Ev., serves the twin purposes of (1) preventing one witness' testimony from influencing the testimony of other witnesses and (2) aiding in detecting false testimony and credibility issues. The designation of a trial representative pursuant to Rule 615, N.D.R.Ev., is not equivalent to the designation of an organization representative for purpose of deposition testimony as required by Rule 30(b)(6), N.D.R.Civ.P. A lay witness may testify to a matter to which they have personal knowledge. The decision to grant or deny a new trial rests within the sound discretion of the trial court, and its decision will not be set aside on appeal absent an affirmative showing of a manifest abuse of discretion. Pursuant to the \harmless error\ rule, Rule 61, N.D.R.Civ.P., only errors or defects which affect substantial rights of the parties will warrant a new trial.