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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.
The law prevented witnesses from testifying as to oral communications and personal transactions between themselves and the deceased. However, this law was repealed in 1983 to update the language of the text and to narrow the disqualification of interested witnesses.
Rule 26 - Secure-Leave Periods for Attorneys (a)Definition; Entitlement. A "secure-leave period" is one complete calendar week that is designated by an attorney during which the superior courts and the district courts may not hold a proceeding in any case in which that attorney is an attorney of record.
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.
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.
Rule 702(a): Qualifications An expert witness is one who is qualified by knowledge, skill, experience, training, or education and whose scientific, technical, or other specialized knowledge will assist the fact-finder to understand the evidence or determine a fact in issue. G.S. 8C-702(a).
Lack of personal knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself.