Chapter 8 Evidence
Article 1 - Statutes.
- § 8-1 Printed statutes and certified copies evidence
All statutes, or joint resolutions, passed by the General Assembly may be read in evidence from the printed statute book; or a copy of any...
- § 8-2 Martin's collection of private acts
Any private act published by Francis X. Martin, in his collection of private acts, shall be received in evidence in every court. (1826, c. 7,...
- § 8-3 Laws of other states or foreign countries
(a) A printed copy of a statute, or other written law, of another state, or of a territory, or of a foreign country, or a...
- § 8-4 Judicial notice of laws of United States, other states and foreign countries
When any question shall arise as to the law of the United States, or of any other state or territory of the United States, or...
- § 8-5 Town ordinances certified
In a trial in which the offense charged is the violation of a town ordinance, a copy of the ordinance alleged to have been violated,...
Article 2 - Grants, Deeds and Wills.
- § 8-6 Copies certified by Secretary of State or State Archivist
Copies of the plats and certificates of survey, or their accompanying warrants, and all abstracts of grants, which may be filed in the office of...
- § 8-7 Certified copies of grants and abstracts
For the purpose of showing title from the State of North Carolina to the grantee or grantees therein named and for the lands therein described,...
- § 8-8 Certified copies of grants and abstracts recorded
Duly certified copies of such grants and of such memoranda and abstracts of grants may be recorded in the county where the lands therein described...
- § 8-9 Copies of grants certified by clerk of Secretary of State validated
All copies of grants heretofore issued from the office of the Secretary of State, duly certified under the great seal of the State, and to...
- § 8-10 Copies of grants in Burke
Copies of grants issued by the State within the County of Burke prior to the destruction of the records of said county by General Stoneman...
- § 8-11 Copies of grants in Moore
Copies of grants for land situated in Moore County and the counties of which Moore was a part, entered in a book, and the book...
- § 8-12 Copies of grants in Onslow
The copies of grants made by the register of deeds of Onslow County under laws of 1907, chapter 434, of grants, abstracts of grants, and...
- § 8-13 Certain deeds dated before 1835 evidence of due execution
In all actions hereafter instituted in which the title or ownership of any lands situated in North Carolina is at issue or in dispute, any...
- § 8-14 Certified copies of maps of Cherokee lands
Certified copies by the Secretary of State of the copies, or parts thereof, of the maps of the Cherokee lands and of the Cherokee Country,...
- § 8-15 Certified copies of certain surveys and maps obtained from the State of Tennessee
A certified copy of the report of the survey made by the North Carolina commissioners, McDowell, Vance and Matthews, of that portion of the State...
- § 8-16 Evidence of title under H.E. McCulloch grants
In all actions or suits, wherein it may be necessary for either party to prove title, by virtue of a grant or grants made by...
- § 8-17 Conveyances or certified copies evidence of title under McCulloch
In all trials where the title of either plaintiff or defendant shall be derived from Henry Eustace McCulloch, or Henry McCulloch, out of their tracts...
- § 8-18 Certified copies of registered instruments evidence
A copy of the record of any deed, mortgage, power of attorney, or other instrument required or allowed to be registered, duly authenticated by the...
- § 8-19 Common survey of contiguous tracts evidence
Whenever any person owns several tracts of land which are contiguous or adjoining, but held under different deeds and different surveys, it may be lawful...
- § 8-20 Repealed by Session Laws 1993, c. 288, s. 1
- § 8-21 Deeds and records thereof lost, presumed to be in due form
Whenever it is shown in any judicial proceeding that a deed or conveyance of real estate has been lost or destroyed, and that the same...
- § 8-22 Local: recitals in tax deeds in Haywood and Henderson
In all legal controversies touching lands in the Counties of Haywood and Henderson, in which either party shall claim title under any sale for taxes...
- § 8-22.1 Local: tax deeds in Richmond
Proof of execution and delivery of a deed recorded before 1971 to a grantee by the sheriff of Richmond County pursuant to sale under execution...
- § 8-23 Local: copies of records from Tyrrell
Copies of records of the County of Tyrrell between the years one thousand seven hundred and thirty‑five and one thousand seven hundred and ninety‑nine, when...
- § 8-24 Local: records of partition in Duplin
The transcripts made by the clerk of the Superior Court of Duplin County, in accordance with Chapter three hundred and ninety‑ five of the laws...
- § 8-25 Local: records of wills in Duplin
The transcripts made by the clerk of the Superior Court of Duplin County, in accordance with Chapter three hundred and ninety‑ five of the laws...
- § 8-26 Local: records of deeds and wills in Anson
The copies of the deeds and deed books and of the wills and will books made in Anson County under the act of March second,...
- § 8-27 Local: records of wills in Brunswick
Under the provisions of Chapter one hundred and six of the laws of one thousand nine hundred and eight, authorizing and directing that all unrecorded...
- § 8-28 Copies of wills
Copies of wills, duly certified by the proper officer, may be given in evidence in any proceeding wherein the contents of the will may be...
- § 8-29 Copies of wills in Secretary of State's office
Copies of wills filed or recorded in the office of the Secretary of State, attested by the Secretary, may be given in evidence in any...
- § 8-30 Copies of wills recorded in wrong county
Whereas, by reason of the uncertainty of the boundary lines of many of the counties of the State, wills have been proved, recorded and registered...
- § 8-31 Copy of will proved and lost before recorded
When any will which has been proved and ordered to be recorded was destroyed during the war between the states, before it was recorded, a...
- § 8-32 Certified copies of deeds and wills from other states
In cases where inhabitants of other states or territories, by will or deed, devise or convey property situated in this State, and the original will...
- § 8-33 Copies of lost records in Bladen
The clerk of the Superior Court of Bladen County shall transcribe the judgment docket and index books and the will books in his office, and...
Article 3 - Public Records.
- § 8-34 Copies of official writings
(a) Copies of all official bonds, writings, papers, or documents, recorded or filed as records in any court, or public office, or lodged in the...
- § 8-35 Authenticated copies of public records
All copies of bonds, contracts, notes, mortgages, or other papers relating to or connected with any loan, account, settlement of any account or any part...
- § 8-35.1 Division of Motor Vehicles' record admissible as prima facie evidence of convictions of offenses involving impaired driving
Notwithstanding the provisions of G.S. 15A‑924(d), a properly certified copy under G.S. 8‑35 or G.S. 20‑26(b) of the license records of a defendant kept by...
- § 8-35.2 Records of clerk of court criminal index admissible in certain cases
Notwithstanding the provisions of G.S. 15A‑924(d) or 15A‑1340.4(e), certified copies of the records contained in the criminal index or similar records maintained manually or by...
- § 8-36 Authenticated copy of record of administration
When letters testamentary or of administration on the goods and chattels of any person deceased, being an inhabitant in another state or territory, have been...
- § 8-37 Certificate of Commissioner of Motor Vehicles as to ownership of automobile
In any civil or criminal action in which the ownership of a motor vehicle is relevant, evidence as to the letters and numbers appearing upon...
Article 3A - Findings, Records and Reports of Federal Officers and Employees.
- § 8-37.1 Finding of presumed death
(a) A written finding of presumed death, made by the Secretary of War, the Secretary of the Navy, or other officer or employee of the...
- § 8-37.2 Report or record that person missing, interned, captured, etc
An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or...
- § 8-37.3 Deemed signed and issued pursuant to law; evidence of authority to certify
For the purposes of 8‑37.1 and 8‑37.2 any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an...
Article 4 - Other Writings in Evidence.
- § 8-38 Repealed by Session Laws 1983 (Regular Session, 1984), c. 1037, s. 13
- § 8-39 Parol evidence to identify land described
In all actions for the possession of or title to any real estate parol testimony may be introduced to identify the land sued for, and...
- § 8-40 Repealed by Session Laws 1983 (Regular Session, 1984), c. 1037, s. 12
- § 8-40.1 Repealed by Session Laws 1983 (Regular Session, 1984), c. 1037, s. 10
- § 8-41 Bills of lading in evidence
In all actions by or against common carriers or in the trial of any criminal action in which it shall be thought necessary to introduce...
- § 8-42 Book accounts under sixty dollars
When any person shall bring an action upon a contract, or shall plead, or give notice of, a setoff or counterclaim for goods, wares and...
- § 8-43 Book accounts proved by personal representative
In all actions where executors and administrators are parties, such book account for all articles delivered within two years previous to the death of the...
- § 8-44 Copies of book accounts in evidence
A copy from the book of accounts proved in manner above directed may be given in evidence in any such action or setoff as aforesaid,...
- § 8-44.1 Hospital medical records
Copies or originals of hospital medical records shall not be held inadmissible in any court action or proceeding on the grounds that they lack certification,...
- § 8-45 Itemized and verified accounts
In any actions instituted in any court of this State upon an account for goods sold and delivered, for rents, for services rendered, or labor...
Article 4A - Photographic Copies of Business and Public Records.
Article 4B - Evidence of Fraud, Duress, Undue Influence.
Article 5 - Life Tables.
- § 8-46 Mortality tables as evidence
Whenever it is necessary to establish the expectancy of continued life of any person from any period of the person's life, whether the person is...
- § 8-47 Present worth of annuities
Whenever it is necessary to establish the present worth or cash value of an annuity to a person, payable annually during the person's life, such...
Article 6 - Calendars.
- § 8-48 Clark's Calendar; proof of dates
(a) In any controversy or inquiry in any court or before any fact finding board, commission, administrative agency or other body, where it becomes necessary...
Article 7 - Competency of Witnesses.
- § 8-49 Witness not excluded by interest or crime
No person offered as a witness shall be excluded, by reason of incapacity from interest or crime, from giving evidence either in person or by...
- § 8-50 Parties competent as witnesses
(a) On the trial of any issue, or of any matter or question, or on any inquiry arising in any action, suit or other proceeding...
- § 8-50.1 Competency of blood tests; jury charge; taxing of expenses as costs
(a) In the trial of any criminal action or proceeding in any court in which the question of parentage arises, regardless of any presumptions with...
- § 8-50.2 Results of speed-measuring instruments; admissibility
(a) The results of the use of radio microwave, laser, or other speed‑measuring instruments shall be admissible as evidence of the speed of an object...
- § 8-50.3 Expired September 30, 2007
- § 8-51 Repealed by Session Laws 1983 (Regular Session, 1984), c. 1037, s. 5
- § 8-51.1 Dying declarations
Dying declarations admissible in administrative proceedings shall be as provided in G.S. 8C‑1, Rule 804. (1973, c. 464, s. 1; 1983 (Reg. Sess., 1984), c....
- § 8-52 Repealed by Session Laws 1973, c. 41
- § 8-53 Communications between physician and patient
No person, duly authorized to practice physic or surgery, shall be required to disclose any information which he may have acquired in attending a patient...
- § 8-53.1 Physician-patient and nurse privilege; limitations
(a) Notwithstanding the provisions of G.S. 8‑53 and G.S. 8‑53.13, the physician‑patient or nurse privilege shall not be a ground for excluding evidence regarding the...
- § 8-53.2 Communications between clergymen and communicants
No priest, rabbi, accredited Christian Science practitioner, or a clergyman or ordained minister of an established church shall be competent to testify in any action,...
- § 8-53.3 Communications between psychologist and client or patient
No person, duly authorized as a licensed psychologist or licensed psychological associate, nor any of his or her employees or associates, shall be required to...
- § 8-53.4 School counselor privilege
No person certified by the State Department of Public Instruction as a school counselor and duly appointed or designated as such by the governing body...
- § 8-53.5 Communications between licensed marital and family therapist and client(s)
No person, duly licensed as a licensed marriage and family therapist, nor any of the person's employees or associates, shall be required to disclose any...
- § 8-53.6 No disclosure in alimony and divorce actions
In an action pursuant to G.S. 50‑5.1, 50‑6, 50‑7, 50‑16.2A, and 50‑16.3A if either or both of the parties have sought and obtained marital counseling...
- § 8-53.7 Social worker privilege
No person engaged in delivery of private social work services, duly licensed or certified pursuant to Chapter 90B of the General Statutes shall be required...
- § 8-53.8 Counselor privilege
No person, duly licensed pursuant to Chapter 90, Article 24, of the General Statutes, shall be required to disclose any information which he or she...
- § 8-53.9 Optometrist/patient privilege
No person licensed pursuant to Article 6 of Chapter 90 of the General Statutes shall be required to disclose any information that may have been...
- § 8-53.10 Peer support group counselors
(a) Definitions. The following definitions apply in this section: (1) Client law enforcement employee. Any law enforcement employee or a member of his or her...
- § 8-53.11 Persons, companies, or other entities engaged in gathering or dissemination of news
(a) Definitions. The following definitions apply in this section: (1) Journalist. Any person, company, or entity, or the employees, independent contractors, or agents of that...
- § 8-53.12 Communications with agents of rape crisis centers and domestic violence programs privileged
(a) Definitions. The following definitions apply in this section: (1) Agent. An employee or agent of a center who has completed a minimum of 20...
- § 8-53.13 Nurse privilege
No person licensed pursuant to Article 9A of Chapter 90 of the General Statutes shall be required to disclose any information that may have been...
- § 8-54 Defendant in criminal action competent but not compellable to testify
In the trial of all indictments, complaints, or other proceedings against persons charged with the commission of crimes, offenses or misdemeanors, the person so charged...
- § 8-55 Testimony enforced in certain criminal investigations; immunity
If any justice, judge or magistrate of the General Court of Justice shall have good reason to believe that any person within his jurisdiction has...
- § 8-56 Husband and wife as witnesses in civil action
In any trial or inquiry in any suit, action or proceeding in any court, or before any person having, by law or consent of parties,...
- § 8-57 Husband and wife as witnesses in criminal actions
(a) The spouse of the defendant shall be a competent witness for the defendant in all criminal actions, but the failure of the defendant to...
- § 8-57.1 Husband-wife privilege waived in child abuse
Notwithstanding the provisions of G.S. 8‑56 and G.S. 8‑57, the husband‑wife privilege shall not be ground for excluding evidence regarding the abuse or neglect of...
- § 8-57.2 Presumed father or mother as witnesses where paternity at issue
Whenever an issue of paternity of a child born or conceived during a marriage arises in any civil or criminal proceeding, the presumed father or...
- § 8-58 Repealed by Session Laws 1973, c. 1286, ss. 11, 26
- § 8-58.1 Injured party as witness when medical charges at issue
Whenever an issue of hospital, medical, dental, pharmaceutical, or funeral charges arises in any civil proceeding, the injured party or his guardian, administrator, or executor...
- § 8-58.2 through 8-58.5 Reserved for future codification purposes
Article 7A - Restrictions on Evidence in Rape Cases.
Article 7B - Expert Testimony.
Article 7C - Admissibility of Forensic Evidence.
- § 8-58.20 Forensic analysis admissible as evidence
(a) In any criminal prosecution, a laboratory report of a written forensic analysis, including an analysis of the defendant's DNA, or a forensic sample alleged...
Article 8 - Attendance of Witness.
- § 8-59 Issue and service of subpoena
In obtaining the testimony of witnesses in causes pending in the trial divisions of the General Court of Justice, subpoenas shall be issued and served...
- § 8-60 Repealed by Session Laws 1967, c. 954, s. 4
- § 8-61 Subpoena for the production of documentary evidence
Subpoenas for the production of records, books, papers, documents, or tangible things may be issued in criminal actions in the same manner as provided for...
- § 8-62 Repealed by Session Laws 1967, c. 954, s. 4
- § 8-63 Witnesses attend until discharge; effect of nonattendance
Every witness, being summoned to appear in any of the said courts, in manner before directed, shall appear accordingly, and, subject to the provisions of...
- § 8-64 Witnesses exempt from civil arrest
Every witness shall be exempt from arrest in civil actions or special proceedings during his attendance at any court, or before a commissioner, arbitrator, referee,...
Article 9 - Attendance of Witnesses from without State.
Article 10 - Depositions.
- § 8-71 through 8-73 Repealed by Session Laws 1967, c. 954, s. 4
- § 8-74 Depositions for defendant in criminal actions
In all criminal actions, hearings and investigations it shall be lawful for the defendant in any such action to make affidavit before the clerk of...
- § 8-75 Repealed by Session Laws 1971, c. 381, s. 13
- § 8-76 Depositions before municipal authorities
Any board of aldermen, board of town or county commissioners or any person interested in any proceeding, investigation, hearing or trial before such board, may...
- § 8-77 Repealed by Session Laws 1995, c. 379, s. 9
- § 8-78 Commissioner may subpoena witness and punish for contempt
Commissioners to take depositions appointed by the courts of this State, or by the courts of the states or territories of the United States, arbitrators,...
- § 8-79 Attendance before commissioner enforced
The sheriff of the county where the witness may be shall execute all such subpoenas, and make due return thereof before the commissioner, or other...
- § 8-80 Remedies against defaulting witness before commissioner
But in case the default be made before a commissioner, arbitrator, referee or other person, acting under a commission or authority from any of the...
- § 8-81 Objection to deposition before trial
At any time before the trial, or hearing of an action or proceeding, any party may make a motion to the judge or court to...
- § 8-82 Deposition not quashed after trial begun
No deposition shall be quashed, or rejected, on objection first made after a trial has begun, merely because of an irregularity in taking the same,...
- § 8-83 When deposition may be read on the trial
Every deposition taken and returned in the manner provided by law may be read on the trial of the action or proceeding, or before any...
- § 8-84 Repealed by Session Laws 1975, c. 762, s. 4
Article 11 - Perpetuation of Testimony.
Article 12 - Inspection and Production of Writings.
Article 13 - Photographs.
Article 14 - Chain of Custody.
Article 15 - Mediation Negotiations.
- § 8-110 Inadmissibility of negotiations
(a) Evidence of statements made and conduct occurring during mediation at a community mediation center authorized by G.S. 7A‑38.5 shall not be subject to discovery...
