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130.20 - Determining Capacity to Proceed
Overview
130.30 - Next Steps After Capacity Evaluation
When Defendant Is Found Capable of Proceeding Ask defendant’s attorney if he or she contests the report from the Central Regional Hospital, mental health center, or private mental health expert? If the defense does not contest the report, ask defendant’s attorney to stipulate to the introduction of the report without the testimony of the medical expert(s). Schedule a hearing for the court to make a finding that defendant has the capacity to proceed. If the defendant’s attorney agrees to the introduction of the evaluation report at the hearing:
130.40 - Suggested Questions for Mental Health Expert

The prosecutor should begin the examination by (i) asking general qualifying questions for a medical expert witness, (ii) tendering the witness as an expert, and (iii) introducing the evaluation report into evidence either by stipulation with defense counsel or by laying a foundation and moving to introduce. For suggestions on how to conduct these preliminary steps, see the related entries on Expert Testimony: Basic Guidelines, and Expert Testimony: Generic Question Outline. 
403.10 - Withdrawal, Remand, & Resentence
Remand from Superior Court Different Rules for DWI
This entry begins by addressing the rules and procedures which generally apply to criminal cases in district and superior court, but prosecutors should bear in mind that there is a separate statutory scheme that governs the remand and resentencing of DWI offenses, which are briefly addressed in Section 3 below. Process and Timing
707.20 - Admission of Party Opponent [Rule 801(d)]
The Basic Rule

Rule 801(d) – Hearsay: Admission of a Party-Opponent

(d) Exception for Admissions by a Party-Opponent. - A statement is admissible as an exception to the hearsay rule if it is offered against a party and it is

(A) his own statement, in either his individual or a representative capacity, or

(B) a statement of which he has manifested his adoption or belief in its truth, or
210.20 - Subpoena to Produce Documents
Out-of-State or Confidential Records
Obtaining Documents or Other Items Located Outside North Carolina
103.31 - Drug Pleading Defects

The preceding entries discussed a variety of defects and omissions which may occur in many different types of pleadings.

This entry focuses on particular charging errors that regularly happen with controlled substance offenses.
711.20 - Requirement of Original [Rule 1002]
The Basic Rule

Rule 1002 – Requirement of Original

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute.

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