North Dakota State Laws on Optical Images

State Archivist and Records Manager:

Gerald G. Newborg, State Archivist

State Historical Society of North Dakota

612 East Blvd., Bismarck ND 58505-0830

701-328-2668 fax: 701-328-3710

Becky Lingle, Director of Records Management

600 East Blvd., Bismarck ND 58505-0100

701-328-3585 fax: 701-328-3000

NDCC 54-46.1-02.1 Optical data storage authorized. Any public entity may

adopt and use an optical data storage process for the storage of records by

optical disk mediums when the use of the process is consistent with good

records management practices. The state records administrator may prescribe

such practices, except for specialized commercial data bases such as those

used in libraries. As used in this chapter, an optical data storage process

includes the optical disk software and hardware used in that process and the

records stored by that process after the entity involved has established a

records management program with respect to optical data storage.

NDCC 54-46.1-03 Reproductions admissible in evidence - Preparation of

copies. A photographic, microphotographic, or microfilm copy of any record,

a paper or microfilm reproduction of any record stored by optical disk, or a

certified copy thereof, is admissible as evidence in any court or

proceeding; and has the same force and effect as though the original record

has been produced and proved. The custodian of such records shall prepare

enlarged copies of microphotographic or microfilm copies of the records and

paper copies of records stored by optical disk and shall document the

accuracy of the processes whenever their production is required by law.

NDCC 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 government in the regular course of

business or activity has kept or recorded any memorandum, writing, entry,

print, representation, or combination thereof, of any act, transaction,

occurrence, or event, and in the regular course of business has caused any

or all of the same to be recorded, copied, or reproduced by any

photographic, photostatic, microfilm, microcard, miniature photographic,

optical disk, or other process which accurately reproduces or forms a

durable medium for so reproducing the original, the original may be

destroyed in the regular course of business unless its preservation is

required by law. Such reproduction, when satisfactorily identified, is as

admissible in evidence as the original itself in any judicial or

administrative proceeding whether the original is in existence or not and an

enlargement or facsimile of such reproduction is likewise admissible in

evidence if the original reproduction is in existence and available for

inspection under direction of court. The introduction of a reproduced

record, enlargement, or facsimile does not preclude admission of the

original.

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