NC · rules
N.C. Jud. Standards Comm'n R. 20
Witnesses; Oaths; Subpoenas
(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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