State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_43

Rule 43. Evidence.

(a)        Form. – In alltrials the testimony of witnesses shall be taken orally in open court, unlessotherwise provided by these rules.

(b)        Examination ofhostile witnesses and adverse parties. – A party may interrogate any unwillingor hostile witness by leading questions and may contradict and impeach him inall respects as if he had been called by the adverse party. A party may call anadverse party or an agent or employee of an adverse party, or an officer,director, or employee of a public or private corporation or of a partnership orassociation which is an adverse party, or an officer, agent or employee of astate, county or municipal government or agency thereof which is an adverseparty, and interrogate him by leading questions and contradict and impeach himin all respects as if he had  been called by the adverse party.

(c)        Record of excludedevidence. – In an action tried before a jury, if an objection to a questionpropounded to a witness is sustained by the court, the court on request of theexamining attorney shall order a record made of the answer the witness wouldhave given. The court may add such other or further statement as clearly showsthe character of the evidence, the form in which it was offered, the objectionmade and the ruling thereon. In actions tried without a jury the same proceduremay be followed, except that the court upon request shall take and report theevidence in full, unless it clearly appears  that the evidence is notadmissible on any grounds or that the witness is privileged.

(d)        Affirmation in lieuof oath. – Whenever under these rules an oath is required to be taken, a solemnaffirmation may be accepted in lieu thereof.

(e)        Evidence onmotions. – When a motion is based on facts not appearing of record the courtmay hear the matter on affidavits presented by the respective parties, but thecourt may direct that the matter be heard wholly or partly on oral testimony ordepositions. (1967, c. 954, s. 1.)