North Carolina Statutes

Chapter 8C Evidence Code

Article -

Article 1 - General Provisions.

  • § 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, s.
  • § 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 and development...
  • § 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 the party...
  • § 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 the admissibility...
  • § 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 is...
  • § 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 introduce...

Article 2 - Judicial Notice.

  • § 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 be one not...

Article 3 - Presumptions in Civil Actions and Proceedings.

Article 4 - Relevancy and Its Limits.

Article 5 - Privileges.

  • § 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 be...

Article 6 - Witnesses.

  • § 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 general. A...
  • § 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 matter....
  • § 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 awaken...
  • § 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 that...
  • § 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 the...
  • § 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 case in...
  • § 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.)
  • § 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 reputation or...
  • § 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, or of...
  • § 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 of...
  • § 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 to (1)...
  • § 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 have the...
  • § 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 disclosed...
  • § 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 are entitled...
  • § 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 may...

Article 7 - Opinions and Expert Testimony.

  • § 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 inferences...
  • § 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 issue,...
  • § 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 known...
  • § 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 of...
  • § 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, unless...
  • § 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 expert witnesses...

Article 8 - Hearsay.

Article 9 - Authentication and Identification.

  • § 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 finding that...
  • § 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. A...
  • § 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 the...

Article 10 - Contents of Writings, Recordings and Photographs.

  • § 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, or numbers,...
  • § 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 rules...
  • § 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 original...
  • § 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 Destroyed....
  • § 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 in...
  • § 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, summary,...
  • § 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 admission,...
  • § 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 fact,...

Article 11 - Miscellaneous Rules.

  • § 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 courts of...
  • § 1102   Short title
    These rules shall be known and may be cited as the "North Carolina Rules of Evidence." (1983, c. 701, s. 1.)