The North Carolina Rules of Evidence govern proceedings in the courts of the state to the extent and with the exceptions stated in Rule 1101. The rules apply to all actions and proceedings in the courts of North Carolina except as otherwise provided by statute.
The rules other than those with respect to privileges do not apply in situations such as:
- Preliminary questions of fact;
- Proceedings before grand juries;
- Miscellaneous proceedings such as proceedings for extradition or rendition; first appearance before district court judge or probable cause hearing in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; proceedings with respect to release on bail or otherwise; and
- Contempt proceedings in which the court is authorized by law to act summarily.
Table of Contents of North Carolina Rules of Evidence
CHAPTER 8C. EVIDENCE CODE
§ 8C-1. RULES OF EVIDENCE
ARTICLE 1. GENERAL PROVISIONS
Rule 101. Scope
Rule 102. Purpose and construction
Rule 103. Rulings on evidence
Rule 104. Preliminary questions
Rule 105. Limited admissibility
Rule 106. Remainder of or related writings or recorded statements
ARTICLE 2. JUDICIAL NOTICE
Rule 201. Judicial notice of adjudicative facts
ARTICLE 3. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
Rule 301. Presumptions in general in civil actions and proceedings
Rule 302. Applicability of federal law in civil actions and proceedings
ARTICLE 4. RELEVANCY AND ITS LIMITS
Rule 401. Definition of “relevant evidence.”
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time
Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes
Rule 405. Methods of proving character
Rule 406. Habit; routine practice
Rule 407. Subsequent remedial measures
Rule 408. Compromise and offers to compromise
Rule 409. Payment of medical and other expenses
Rule 410. Inadmissibility of pleas, plea discussions, and related statements
Rule 411. Liability insurance
Rule 412. Rape or sex offense cases; relevance of victim’s past behavior
Rule 413. Medical actions; statements to ameliorate or mitigate adverse outcome.
ARTICLE 5. PRIVILEGES
Rule 501. General rule
ARTICLE 6. WITNESSES
Rule 601. General rule of competency; disqualification of witness
Rule 602. Lack of personal knowledge
Rule 603. Oath or affirmation
Rule 604. Interpreters
Rule 605. Competency of judge as witness
Rule 606. Competency of juror as witness
Rule 607. Who may impeach
Rule 608. Evidence of character and conduct of witness
Rule 609. Impeachment by evidence of conviction of crime
Rule 610. Religious beliefs or opinions
Rule 611. Mode and order of interrogation and presentation
Rule 612. Writing or object used to refresh memory
Rule 613. Prior statements of witnesses
Rule 614. Calling and interrogation of witnesses by court
Rule 615. Exclusion of witnesses
Rule 616. Alternative testimony of witnesses with developmental disabilities or mental retardation in civil cases …
ARTICLE 7. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion testimony by lay witness
Rule 702. Testimony by experts
Rule 703. Bases of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court appointed experts
ARTICLE 8. HEARSAY
Rule 801. Definitions and exception for admissions of a party-opponent
Rule 802. Hearsay rule
Rule 803. Hearsay exceptions; availability of declarant immaterial
Rule 804. Hearsay exceptions; declarant unavailable
Rule 805. Hearsay within hearsay
Rule 806. Attacking and supporting credibility of declarant
ARTICLE 9. AUTHENTICATION AND IDENTIFICATION
Rule 901. Requirement of authentication or identification
Rule 902. Self-authentication
Rule 903. Subscribing witness’ testimony unnecessary
ARTICLE 10. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
Rule 1001. Definitions
Rule 1002. Requirement of original
Rule 1003. Admissibility of duplicates
Rule 1004. Admissibility of other evidence of contents
Rule 1005. Public records
Rule 1006. Summaries
Rule 1007. Testimony or written admission of party
Rule 1008. Functions of court and jury
ARTICLE 11. MISCELLANEOUS RULES
Rule 1101. Applicability of rules
Rule 1102. Short title
