24 NCAC 06A .0313         Evidence

(a)  Except as otherwise provided, the Rules of evidence as applied in the trial division of the North Carolina General Court of Justice shall be followed; but, when evidence is not reasonably available under such rules to show relevant facts, they may be shown by the most reliable and substantial evidence available.

(b)  In all Disciplinary Hearings, irrelevant, immaterial, and unduly repetitive evidence shall be excluded.

(c)  Evidence in a Disciplinary Hearing, including records and documents shall be offered and where appropriate admitted, and made a part of the record. Other factual information or evidence excluded from a hearing shall be made part of the record but shall not be considered in determination of the case, except as permitted under Rule .0316 of this Subchapter.

(d)  Documentary evidence may be received in the form of a copy or excerpt or may be incorporated by reference, if the materials are so incorporated are available for examination by the parties. Upon timely request, a party shall be given an opportunity to compare the copy with the original if available.

(e)  A party that seeks to enter the contents of voluminous records into evidence should offer that evidence as an exhibit in the form of a chart or summary. The offering party shall supply the opposing party with copies of all supporting documents on which the summaries are based.

 

History Note:        Authority G.S. 18C-114(a)(14);

Previously adopted as Rule 1C-013;

Eff. January 8, 2024;

Readopted Eff. March 27, 2024.