§ Rule 46 — Objections

North Carolina § Rule 46

• Jurisdiction: North Carolina
• Ch. 1A: Rules of Civil Procedure
• Art. 6: Trials

Text

(a) Rulings on admissibility of evidence. - Formal exceptions are unnecessary. An objection is deemed in the following circumstances:
(1) When there is objection to the admission of evidence on the ground that the witness is for a specified reason incompetent or not qualified or disqualified, it is deemed that a like objection has been made to any subsequent admission of evidence from the witness in question. Similarly, when there is objection to the admission of evidence involving a specified line of questioning, it is deemed that a like objection has been taken to any subsequent admission of evidence involving the same line of questioning.
(2) If there is proper objection to the admission of evidence and the objection is overruled, the ruling of the court is deemed objected to by the party making the objection. If an objection to the admission of evidence is sustained or if the court for any reason excludes evidence offered by a party, the ruling of the court is deemed objected to by the party offering the evidence.
(3) No objections are necessary with respect to questions propounded to a witness by the court or a juror but it is deemed that each question has been properly objected to by all parties to the action and that the objection has been overruled.
(b) Pretrial rulings, interlocutory orders, trial rulings, and other orders not directed to the admissibility of evidence. - With respect to a pretrial ruling, an interlocutory order, a trial ruling, or another order of the court not directed to the admissibility of evidence, formal objections and exceptions are unnecessary. In order to preserve an objection to the ruling or order or to the court's failure to make the ruling or order, it is sufficient if a party, at the time the ruling or order is made or sought, makes known to the court the party's objection to the action of the court or makes known the action that the party desires the court to take and the party's grounds for its position. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice that party.
(c) Repealed by Session Laws 2001-379, s. 6. (1967, c. 954, s. 1; 2001-379, s. 6; 2023-54, s. 5.)