North Carolina Assertion of Right to Be Present
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How to fill out Assertion Of Right To Be Present?
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FAQ
Exclusion of witnesses. At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.
? Testimony by experts. (a)?????? If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion.
Under the ?best evidence? rule, the original of a writing, recording, or photograph is generally required in order to prove the contents of that item.
A writing (or essentially any other material) can be used to refresh a witness's recollection, even if it is not itself admissible and regardless of whether the witness created it or has even seen it before. But the witness must then testify from their refreshed present memory.
Rule 703. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.
This rule gives an adverse party certain options when a witness uses a writing to refresh memory (1) while testifying, or (2) before testifying, if the court decides that justice requires a party to have those options. B. Adverse party's options; deleting unrelated matter.
Writing or object used to refresh memory. (a) While testifying. - If, while testifying, a witness uses a writing or object to refresh his memory, an adverse party is entitled to have the writing or object produced at the trial, hearing, or deposition in which the witness is testifying.
Relevant evidence generally admissible; irrelevant evidence inadmissible. All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act of Congress, by Act of the General Assembly or by these rules.
