The preceding entry, OFA, FTA, and V/L, summarized the procedure whereby the state may take a voluntary dismissal with leave to reinstate a case (a “V/L dismissal”) if the defendant fails to appear as ordered for court.

When the defendant voluntarily reappears in court, or when the defendant is apprehended or such apprehension seems imminent, the state may reinstate the V/L charges and resume the prosecution.

Rule 102 - Purpose and Construction

(a) In general. – These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

(b) Subordinate divisions. – For the purpose of these rules only, the subordinate division of any rule which is labeled with a lower case letter shall be a subdivision.

Rule 104 - Preliminary Questions

(a) Questions of admissibility generally. – Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.

Rule 106 – Remainder of or Related Writings or Recorded Statements

When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.

G.S. 8C-106.