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705.08 - Refreshing Recollection [Rule 612]

Rule 612 – 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.

705.10 - Questioning by the Court [Rule 614]

The Basic Rule

Rule 614 – Calling and Interrogation of Witnesses by Court

(a) Calling by court. - The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.

(b) Interrogation by court. - The court may interrogate witnesses, whether called by itself or by a party.

705.11 - Exclusion of Witnesses [Rule 615]

The Basic Rule

Rule 615 – 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.

This rule does not authorize exclusion of

(1) a party who is a natural person, or

(2) an officer or employee of a party that is not a natural person designated as its representative by its attorney, or

323.30 - Forfeiture

Sample Motions and Orders

Attached to this entry (under “Motions and Briefs”) are several sample motions and orders for use in property forfeiture. These motions and orders are drafted for use with controlled substance offenses, since this tends to be the most common area of forfeiture, but they can be adapted for use with other offenses as needed (to the extent permitted by statute).

706.10 - Lay Opinion [Rule 701]

The Basic Rule

Rule 701 – Opinion Testimony by Lay Witness

If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are

(a) rationally based on the perception of the witness and

(b) helpful to a clear understanding of his testimony or the determination of a fact in issue.

706.30 - Basis of Opinion [Rule 703]

The Basic Rule

Rule 703 – Bases of Opinion Testimony by Experts

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. 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.

706.40 - Ultimate Issue [Rule 704]

The Basic Rule

Rule 704 – Opinion on Ultimate Issue

Testimony in the form of an opinion or inference is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

G.S. 8C-704.

706.50 - Underlying Facts/Data [Rule 705]

The Basic Rule

Rule 705 – Disclosure of Facts or Data Underlying Expert Opinion

706.60 - Court-Appointed Expert [Rule 706]

The Basic Rule

Rule 706 – Court Appointed Experts

707.10 - Hearsay: Definition & Admissibility [Rules 801, 802]