State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-601

Article 6.

Witnesses.

Rule 601. General rule of competency; disqualificationof witness.

(a)        General rule. – Every person is competent to be a witnessexcept as otherwise provided in these rules.

(b)        Disqualification of witness in general. – A person is disqualifiedto testify as a witness when the court determines that he is (1) incapable ofexpressing himself concerning the matter as to be understood, either directlyor through interpretation by one who can understand him, or (2) incapable ofunderstanding the duty of a witness to tell the truth.

(c)        Disqualification of interested persons. – Upon the trial ofan action, or the hearing upon the merits of a special proceeding, a party or aperson interested in the event, or a person from, through or under whom such aparty or interested person derives his interest or title by assignment orotherwise, shall not be examined as a witness in his own behalf or interest, orin behalf of the party succeeding to his title or interest, against theexecutor, administrator or survivor of a deceased person, or the committee of alunatic, or a person deriving his title or interest from, through or under adeceased person or lunatic, by assignment or otherwise, concerning any oralcommunication between the witness and the deceased person or lunatic. However,this subdivision shall not apply when:

(1)        The executor, administrator, survivor, committee or personso deriving title or interest is examined in his own behalf regarding thesubject matter of the oral communication.

(2)        The testimony of the lunatic or deceased person is given inevidence concerning the same transaction or communication.

(3)        Evidence of the subject matter of the oral communication isoffered by the executor, administrator, survivor, committee or person soderiving title or interest.

Nothingin this subdivision shall preclude testimony as to the identity of the operatorof a motor vehicle in any case. (1983, c. 701, s. 1.)