State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-103

Rule 103. Rulings on evidence.

(a)        Effect of erroneousruling. – Error may not be predicated upon a ruling which admits or excludesevidence unless a substantial right of the party is affected, and

(1)        Objection. – In casethe ruling is one admitting evidence, a timely objection or motion to strikeappears of record. No particular form is required in order to preserve theright to assert the alleged error upon appeal if the motion or objectionclearly presented the alleged error to the trial court;

(2)        Offer of proof. – Incase the ruling is one excluding evidence, the substance of the evidence wasmade known to the court by offer or was apparent from the context within whichquestions were asked.

Once the court makes adefinitive ruling on the record admitting or excluding evidence, either at orbefore trial, a party need not renew an objection or offer of proof to preservea claim of error for appeal.

(b)        Record of offer andruling. – The court may add any other or further statement which shows thecharacter of the evidence, the form in which it was offered, the objectionmade, and the ruling thereon. It may direct the making of an offer in questionand answer form.

(c)        Hearing of jury. – Injury cases, proceedings shall be conducted, to the extent practicable, so as toprevent inadmissible evidence from being suggested to the jury by any means,such as making statements or offers of proof or asking questions in the hearingof the jury.

(d)        Review of errorswhere justice requires. – Notwithstanding the requirements of subdivision (a)of this rule, an appellate court may review errors affecting substantial rightsif it determines, in the interest of justice, it is appropriate to do so. (1983, c. 701, s. 1; 2003‑101,s. 1; 2006‑264, s. 30.5.)