North Carolina General Statutes Chapter 8C Evidence Code

Article -

N.C. Gen. Stat. § 8C-1. Rules of Evidence
The North Carolina Rules of Evidence are as follows:

Article 1 - General Provisions.

N.C. Gen. Stat. § 101. Scope
These rules govern proceedings in the courts of this State to the extent and with the exceptions stated in Rule 1101. (1983, ch. 701,...
N.C. Gen. Stat. § 102. Purpose and construction
(a) In general. - These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth...
N.C. Gen. Stat. § 103. Rulings on evidence
(a) Effect of erroneous ruling. - Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of...
N.C. Gen. Stat. § 104. Preliminary questions
(a) Questions of admissibility generally. - Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or...
N.C. Gen. Stat. § 105. Limited admissibility
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose...
N.C. Gen. Stat. § 106. Remainder of or related writings or recorded statements
When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to...

Article 2 - Judicial Notice.

N.C. Gen. Stat. § 201. Judicial notice of adjudicative facts
(a) Scope of rule. - This rule governs only judicial notice of adjudicative facts. (b) Kinds of facts. - A judicially noticed fact must...

Article 3 - Presumptions in Civil Actions and Proceedings.

N.C. Gen. Stat. § 301. Presumptions in general in civil actions and proceedings
In all civil actions and proceedings when not otherwise provided for by statute, by judicial decision, or by these rules, a presumption imposes on...
N.C. Gen. Stat. § 302. Applicability of federal law in civil actions and proceedings
In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to...

Article 4 - Relevancy and Its Limits.

N.C. Gen. Stat. § 402. Relevant evidence generally admissible; irrelevant evidence inadmissible
All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act...
N.C. Gen. Stat. § 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or...
N.C. Gen. Stat. § 404. Character evidence not admissible to prove conduct; exceptions; other crimes
(a) Character evidence generally. - Evidence of a person's character or a trait of his character is not admissible for the purpose of proving...
N.C. Gen. Stat. § 405. Methods of proving character
(a) Reputation or opinion. - In all cases in which evidence of character or a trait of character of a person is admissible, proof...
N.C. Gen. Stat. § 406. Habit; routine practice
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence...
N.C. Gen. Stat. § 407. Subsequent remedial measures
When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent...
N.C. Gen. Stat. § 408. Compromise and offers to compromise
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising...
N.C. Gen. Stat. § 409. Payment of medical and other expenses
Evidence of furnishing or offering or promising to pay medical, hospital, or other expenses occasioned by an injury is not admissible to prove liability...
N.C. Gen. Stat. § 410. Inadmissibility of pleas, plea discussions, and related statements
Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible for or against the...
N.C. Gen. Stat. § 411. Liability insurance
Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully....
N.C. Gen. Stat. § 412. Rape or sex offense cases; relevance of victim's past behavior
(a) As used in this rule, the term "sexual behavior" means sexual activity of the complainant other than the sexual act which is at...
N.C. Gen. Stat. § 413. Medical actions; statements to ameliorate or mitigate adverse outcome
Statements by a health care provider apologizing for an adverse outcome in medical treatment, offers to undertake corrective or remedial treatment or actions, and...
N.C. Gen. Stat. § 414. Evidence of medical expenses
Evidence offered to prove past medical expenses shall be limited to evidence of the amounts actually paid to satisfy the bills that have been...

Article 5 - Privileges.

N.C. Gen. Stat. § 501. General rule
Except as otherwise required by the Constitution of the United States, the privileges of a witness, person, government, state, or political subdivision thereof shall...

Article 6 - Witnesses.

N.C. Gen. Stat. § 601. General rule of competency; disqualification of witness
(a) General rule. - Every person is competent to be a witness except as otherwise provided in these rules. (b) Disqualification of witness in...
N.C. Gen. Stat. § 602. Lack of personal knowledge
A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the...
N.C. Gen. Stat. § 603. Oath or affirmation
Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to...
N.C. Gen. Stat. § 604. Interpreters
An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation...
N.C. Gen. Stat. § 605. Competency of judge as witness
The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve...
N.C. Gen. Stat. § 606. Competency of juror as witness
(a) At the trial. - A member of the jury may not testify as a witness before that jury in the trial of the...
N.C. Gen. Stat. § 607. Who may impeach
The credibility of a witness may be attacked by any party, including the party calling him. (1983, c. 701, s. 1.)
N.C. Gen. Stat. § 608. Evidence of character and conduct of witness
(a) Opinion and reputation evidence of character. - The credibility of a witness may be attacked or supported by evidence in the form of...
N.C. Gen. Stat. § 609. Impeachment by evidence of conviction of crime
(a) General rule. - For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a felony,...
N.C. Gen. Stat. § 610. Religious beliefs or opinions
Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason...
N.C. Gen. Stat. § 611. Mode and order of interrogation and presentation
(a) Control by court. - The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as...
N.C. Gen. Stat. § 612. Writing or object used to refresh memory
(a) While testifying. - If, while testifying, a witness uses a writing or object to refresh his memory, an adverse party is entitled to...
N.C. Gen. Stat. § 613. Prior statements of witnesses
In examining a witness concerning a prior statement made by him, whether written or not, the statement need not be shown nor its contents...
N.C. Gen. Stat. § 614. Calling and interrogation of witnesses by court
(a) Calling by court. - The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties...
N.C. Gen. Stat. § 615. Exclusion of witnesses
At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses, and it...
N.C. Gen. Stat. § 616. Alternative testimony of witnesses with developmental disabilities or mental retardation in civil cases and special proceedings
(a) Definitions. - The following definitions apply to this section: (1) The definitions set out in G.S. 122C-3. (2) "Remote testimony" means a method...

Article 7 - Opinions and Expert Testimony.

N.C. Gen. Stat. § 701. Opinion testimony by lay witness
If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or...
N.C. Gen. Stat. § 702. Testimony by experts
(a) If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in...
N.C. Gen. Stat. § 703. Bases of opinion testimony by experts
The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made...
N.C. Gen. Stat. § 704. Opinion on ultimate issue
Testimony in the form of an opinion or inference is not objectionable because it embraces an ultimate issue to be decided by the trier...
N.C. Gen. Stat. § 705. Disclosure of facts or data underlying expert opinion
The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data,...
N.C. Gen. Stat. § 706. Court appointed experts
(a) Appointment. - The court may on its own motion or on the motion of any party enter an order to show cause why...

Article 8 - Hearsay.

N.C. Gen. Stat. § 801. Definitions and exception for admissions of a party-opponent
The following definitions apply under this Article: (a) Statement. - A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of...
N.C. Gen. Stat. § 802. Hearsay rule
Hearsay is not admissible except as provided by statute or by these rules. (1983, c. 701, s. 1.)
N.C. Gen. Stat. § 803. Hearsay exceptions; availability of declarant immaterial
The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present Sense Impression. - A...
N.C. Gen. Stat. § 804. Hearsay exceptions; declarant unavailable
(a) Definition of unavailability. - "Unavailability as a witness" includes situations in which the declarant: (1) Is exempted by ruling of the court on...
N.C. Gen. Stat. § 805. Hearsay within hearsay
Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the...
N.C. Gen. Stat. § 806. Attacking and supporting credibility of declarant
When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by...

Article 9 - Authentication and Identification.

N.C. Gen. Stat. § 901. Requirement of authentication or identification
(a) General provision. - The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a...
N.C. Gen. Stat. § 902. Self-authentication
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: (1) Domestic Public Documents Under Seal....
N.C. Gen. Stat. § 903. Subscribing witness' testimony unnecessary
The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern...

Article 10 - Contents of Writings, Recordings and Photographs.

N.C. Gen. Stat. § 1001. Definitions
For the purposes of this Article the following definitions are applicable: (1) Writings and Recordings. - "Writings" and "recordings" consist of letters, words, sounds,...
N.C. Gen. Stat. § 1002. Requirement of original
To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these...
N.C. Gen. Stat. § 1003. Admissibility of duplicates
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the...
N.C. Gen. Stat. § 1004. Admissibility of other evidence of contents
The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if: (1) Originals Lost or...
N.C. Gen. Stat. § 1005. Public records
The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations...
N.C. Gen. Stat. § 1006. Summaries
The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart,...
N.C. Gen. Stat. § 1007. Testimony or written admission of party
Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by his written...
N.C. Gen. Stat. § 1008. Functions of court and jury
When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of...

Article 11 - Miscellaneous Rules.

N.C. Gen. Stat. § 1101. Applicability of rules
(a) Proceedings generally. - Except as otherwise provided in subdivision (b) or by statute, these rules apply to all actions and proceedings in the...
N.C. Gen. Stat. § 1102. Short title
These rules shall be known and may be cited as the "North Carolina Rules of Evidence." (1983, c. 701, s. 1.)

Last modified: March 23, 2014