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Lexis Nexis North Carolina Evidence Courtroom Manual
This book has been designed specifically for courtroom use; its purpose is to provide fast, authoritative answers to questions which arise in the course of trials and hearings.
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Designed specifically for courtroom use, North Carolina Evidence Courtroom Manual provides fast, authoritative answers to questions arising throughout trials and hearings. Through comprehensive analysis of the North Carolina Rules of Evidence rule by rule, the publication provides a quick overview of the rule under discussion, authoritative guidance in interpreting the rule, and pointers for applying the rule in actual practice. Each Rule contains a combination of several trial-focused features, methodically arranged and easily searchable, including:
• Rules - the complete North Carolina Rules of Evidence located in a separate section in the front of the book;
• Analysis - the author's analysis provides a quick overview of the Rule under discussion, authoritative guidance in interpreting the Rule, and pointers for applying the Rule in actual practice. In many chapters, the Analysis contains special features such as Illustrations, Constitutional Considerations, and Current Trends and New Developments.
• Comparison to Federal Rule - the substance of each Rule is compared to the applicable Federal Rule of Evidence.
• Commentary by drafters – includes official commentary by the study committees and legislative committees that drafted the North Carolina Rules;
• Authority - additional authorities are cited after each chapter's Analysis, giving the user a starting point for additional research;
• Cases - recent significant cases are summarized at the end of each chapter providing support for arguments and decisions required during the course of proceedings;
• Appendix of some common evidentiary objections, laid out by rule; and
• An easy to reference Topical Index.
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Table of contents
ARTICLE I GENERAL PROVISIONS
100. Timing of Evidentiary Motions and Objections
101. Scope
102. Purpose and Construction
103. Rulings on Evidence
104. Preliminary Questions
105. Limited Admissibility
106. Remainder of or Related Writings or Recorded Statements
ARTICLE II JUDICIAL NOTICE
201. Judicial Notice of Adjudicative Facts
ARTICLE III PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
300. Presumptions and Inferences in Criminal Proceedings
301. Presumptions in General in Civil Actions and Proceedings
302. Applying State Law to Presumptions in Civil Cases
ARTICLE IV RELEVANCY AND ITS LIMITS
401. Definition of “Relevant Evidence”
402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
405. Methods of Proving Character
406. Habit; Routine Practice
407. Subsequent Remedial Measures
408. Compromise and Offers to Compromise
409. Payment of Medical and Other Expenses
410. Inadmissibility of Pleas, Plea Discussions, and Related Statements
411. Liability Insurance
412. Rape or Sex Offense Cases; Relevance of Victim’s Past Behavior
413. Medical Actions; Statements to Ameliorate or Mitigate Adverse Outcome
414. Evidence of Medical Expenses
415. Evidence of Bankruptcy Asbestos Trust Claims
ARTICLE V PRIVILEGES
501. General Rule
APPENDIX A: Criminal Defendant Privilege
APPENDIX B: Attorney-Client Privilege
APPENDIX C: Physician-Patient Privilege
APPENDIX D: Clergy-Communicant Privilege
APPENDIX E: Psychologist Privilege
APPENDIX F: School Counselor, Marital and Family Therapist, Social Worker, Counselor, Optometrist and [Law Enforcement] Peer Counselor Privileges
APPENDIX G: Husband-Wife Privileges
APPENDIX H: Mediator Privilege
APPENDIX I: Journalist Privilege
APPENDIX J: Domestic Violence and Rape Counselor Privilege
APPENDIX K: Nurse Privilege
APPENDIX L: Other Medical Privileges
ARTICLE VI WITNESSES
600. Procedures for Attacking Credibility of Party or Witness
601. General Rule of Competency; Disqualification of Witness
602. Lack of Personal Knowledge
603. Oath or Affirmation
604. Interpreters
605. Competency of Judge as Witness
606. Competency of Juror as Witness
607. Who May Impeach
608. Evidence of Character and Conduct of Witness
609. Impeachment by Evidence of Conviction of Crime
610. Religious Beliefs or Opinions
611. Mode and Order of Interrogation and Presentation
612. Writing or Object Used to Refresh Memory
613. Prior Statements of Witnesses
614. Calling and Interrogation of Witnesses by Court
615. Exclusion of Witnesses
616. Alternative Testimony of Witnesses with Developmental Disabilities or Mental Retardation in Civil Cases and Special Proceedings
ARTICLE VII OPINIONS AND EXPERT TESTIMONY
701. Opinion Testimony by Lay Witness
702. Testimony by Experts
703. Bases of Opinion Testimony by Experts
704. Opinion on Ultimate Issue
705. Disclosure of Facts or Data Underlying Expert Opinion
706. Court Appointed Experts
ARTICLE VIII HEARSAY
800. Confrontation Rights of Criminal Defendants
801. Definitions and Exception for Admissions of a Party-Opponent
802. Hearsay Rule
803. Hearsay Exceptions; Availability of Declarant Immaterial
804. Hearsay Exceptions; Declarant Unavailable
805. Hearsay Within Hearsay
806. Attacking and Supporting Credibility of Declarant
ARTICLE IX AUTHENTICATION AND IDENTIFICATION
900. Authentication of Electronically Stored Evidence
901. Requirement of Authentication or Identification
902. Self-Authentication
903. Subscribing Witness’ Testimony Unnecessary
ARTICLE X CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
1001. Definitions
1002. Requirement of Original
1003. Admissibility of Duplicates
1004. Admissibility of Other Evidence of Contents
1005. Public Records
1006. Summaries
1007. Testimony or Written Admission of Party
1008. Functions of Court and Jury
ARTICLE XI MISCELLANEOUS RULES
1101. Applicability of Rules
1102. Short Title
APPENDIX SOME COMMON EVIDENTIARY OBJECTIONS
INDEX
