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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2019 Edition
ISBN: 9781522175810
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2019 Edition
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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. It accomplishes this through a unique combination of features, including: Rules: the complete North Carolina Rules of Evidence is located in a separate section in the front of the book.

Commentary by drafters: The official commentary by the study committees and legislative committees that drafted the North Carolina Rules is located in an Appendix at the back of the manual.

Analysis: Perhaps the most important part of this book, 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.

Authority: Additional authorities are cited after each chapter's Analysis. These citations give the user a starting point for additional research.

Comparison to Federal Rule: The substance of each Rule is compared to the applicable Federal Rule of Evidence.

Cases: Recent significant cases are summarized at the end of each chapter. These cases provide support for argument and decisions required during the course of proceedings.

Authors / Contributors

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