What are the rules of evidence in civil litigation?
In civil litigation, the rules of evidence are important to ensure a fair and effective trial. In North Carolina, the rules of evidence are governed by the North Carolina Rules of Evidence (NCRE). The NCRE outlines what type of evidence is admissible in court. This includes both “testimonial” and “real evidence”. Testimonial evidence includes anything that is said in court or in a deposition. This includes testimony from experts, witnesses, and parties. Real evidence includes tangible objects, such as photographs, video, and documents. The NCRE also outlines the standard of proof that must be met in order for evidence to be admitted. In civil litigation, this standard is the “preponderance of the evidence”. This means that the evidence must show that it is more likely than not that the statement is true. Additionally, the NCRE outlines the procedures for authenticating evidence and testifying in court. Finally, the NCRE also provides for the exclusion of certain types of evidence. Examples of this include “hearsay” evidence, which is testimony from someone who is not present in court. Additionally, evidence that is overly prejudicial or irrelevant can be excluded. By following the NCRE, all parties involved in civil litigation can ensure that the trial is a fair and effective one. Knowing and understanding the rules of evidence is essential for any party involved in civil litigation in North Carolina.
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