State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_46

Rule 46. Objections andexceptions.

(a)        Rulings onadmissibility of evidence. –

(1)        When there isobjection to the admission of evidence on the ground that the witness is for aspecified reason incompetent or not qualified or disqualified, it shall be deemedthat a like objection has been made to any subsequent admission of evidencefrom the witness in question. Similarly, when there is objection to theadmission of evidence involving a specified line of questioning, it shall bedeemed that a like objection has been taken to any subsequent admission ofevidence involving the same line of questioning.

(2)        If there is properobjection to the admission of evidence and the objection is overruled, theruling of the court shall be deemed excepted to by the party making theobjection. If an objection to the admission of evidence is sustained or if thecourt for any reason excludes evidence offered by a party, the ruling of thecourt shall be deemed excepted to by the party offering the evidence.

(3)        No objections arenecessary with respect to questions propounded to a witness by the court or ajuror but it shall be deemed that each such question has been properly objectedto and that the objection has been overruled and that an exception has beentaken to the ruling of the court by all parties to the action.

(b)        Pretrial rulings,interlocutory orders, trial rulings, and other orders not directed to theadmissibility of evidence. – With respect to pretrial rulings, interlocutoryorders, trial rulings, and other orders of the court not directed to theadmissibility of evidence, formal objections and exceptions are unnecessary. Inorder to preserve an exception to any such ruling or order or to the court'sfailure to make any such ruling or order, it shall be sufficient if a party, atthe time the ruling or order is made or sought, makes known to the court theparty's objection to the action of the court or makes known the action that theparty desires the court to take and the party's grounds for its position. If aparty has no opportunity to object or except to a ruling or order at the timeit is made, the absence of an objection or exception does not thereafterprejudice that party.

(c)        Repealed by SessionLaws 2001‑379, s. 6. (1967, c. 954, s. 1; 2001‑379, s. 6.)