AMEND RULE 803/ALLOW UNSWORN DECLARATIONS.

View NCGA Bill Details2021
House Bill 905 (Public) Filed Monday, May 10, 2021
AN ACT ALLOWING UNDER RULE 803 OF THE NORTH CAROLINA RULES OF EVIDENCE THE USE OF UNSWORN DECLARATIONS MADE PURSUANT TO 28 U.S.C. SECTION 1746 AND APPROPRIATING FUNDS FOR PUBLIC NOTICE AND TRAINING ABOUT THE CHANGE.
Intro. by John, Everitt, Harrison, A. Jones.

Status: Ref to the Com on Judiciary 1, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House (House action) (May 11 2021)
H 905

Bill Summaries:

  • Summary date: May 10 2021 - More information

    Amends GS 8C-1, Rule 803 of the Rules of Evidence, which sets forth exceptions from the hearsay rule. Regarding the exception set forth for records of regularly conducted business activity, now allows for the record to be shown by unsworn declaration made under penalty of perjury pursuant to specified federal law, provided the other specified conditions are met.

    Retroactively validates the use of unsworn declarations for the purpose of GS 8C-1, Rule 803 of the Rules of Evidence, if the use occurred after the issuance of the Governor's Executive Order No. 116, on March 10, 2020, and before the date when the act becomes law.

    Effective July 1, 2021, appropriates $15,000 from the General Fund to the Office of the Secretary of State and the Administrative Office of the Courts, each, for 2021-22 to publicize and provide notary training (Secretary of State) and training (AOC) about this act.


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