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NC · rules

N.C. Jud. Standards Comm'n R. 20

Witnesses; Oaths; Subpoenas

activein force · 2026-03-23 – presentact-effective-date

(a) Witnesses. The Commission Counsel and the Respondent shall have

the right to call fact witnesses, expert witnesses, and character witnesses in

accordance with the North Carolina Rules of Evidence, subject to the following

limitations:

(1) Fact and Expert Witnesses. The Commission Counsel and the

Respondent shall have the right to call witnesses to testify about

a genuine dispute of material fact between the parties in the

disciplinary hearing. The Commission Counsel may call the

Respondent as a witness. Expert witnesses may be called at the

expense of the party calling the expert and only in accordance

with the North Carolina Rules of Evidence.

(2) Character Witnesses. The Commission Counsel and the

Respondent shall have the right to call witnesses to testify to the

character of the Respondent, but neither the Commission Counsel

nor the Respondent may call more than 4 character witnesses in

a disciplinary proceeding. Additional character witnesses may

submit affidavits or be identified and tendered for the record.

(3) Witness Costs. Witnesses shall be reimbursed in the manner

provided in civil cases in the General Court of Justice, and their

expenses shall be borne by the party calling them. Vouchers

authorizing disbursements by the Commission for witnesses shall

be signed by the presiding Chairperson or Vice-Chairperson or by

the Executive Director.

(b) Oaths. Every witness who testifies before the hearing panel at a

disciplinary hearing shall be required to declare, by oath or affirmation, to testify

truthfully. The oath or affirmation may be administered by any member of the

Commission or by the Executive Director.

(c) Subpoenas. Both the Commission Counsel and the Respondent have

the right to the issuance of subpoenas to compel the attendance of witnesses or the

production of documents and other evidentiary material for the disciplinary or

disability hearing. A subpoena to compel the attendance of a witness at a disciplinary

or disability hearing before the Commission, or a subpoena for the production of

evidence, shall be issued in the name of the State of North Carolina upon request of

the Commission Counsel or the Respondent, and shall be signed by a member of the

Commission, by the Executive Director, or by the Commission Counsel. A subpoena

shall be served, without fee, by any officer authorized to serve a subpoena under

Rule 45(b) of the North Carolina Rules of Civil Procedure.

History

History Note. 374 N.C. 960; 386 N.C. 974.

Provenance

Source
ncleg.gov; ncbar.gov; nccourts.gov
Retrieved
2026-09-17
Edition
2026-09-17
Content hash
4eccf0c96eb816e2dc66c0f059c759e6a65e825504fc4a58c187e42cedb4151f
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