legally and is relevant to determining the factual information of a case to the greatest extent possible.III. What are the ground rules for evidence being used and evidence being withheld?The ground rules with regards to evidence is two-part test, the first is the evidence must be "relevant" to determining the facts regarding a case. Second, the information or material gathered to be used as evidence must be consistent with the guidelines set forth for collections of such (whether at state or federal level). In North Carolina for example, in 1983 North Carolina General Assembly enacted an evidence code with rules of evidence that are similar to the federal rules of evidence. Judges use these rules of evidence and appellate cases interpreting the rules when they make their evidentiary rulings. Judges have substantial discretion in deciding whether evidence should be admitted in a trial. The statues that pertain to evidence and all other statues as well can be viewed at the following web address www.ncga.state.nc.us/statutes. The evidence code has brought forth some important rulings in the past 17 plus years, these rulings have played a crucial part in deciding how many cases are determined due to the evidence now admissible or inadmissible in a court of law in North Carolina. Two recent cases heard by the Supreme Court of North Carolina in 2000 were appealed with a question on the North Carolina Rules of Evidence. (www.ncinsider.com/insider/supreme/2000. In State of North Carolina v. Raymond Thomas Thibodeaux, Defendant asserts that the trial court erred under the North Carolina Rules of Evidence in allowing the State to introduce into evidence the transcript and audiotape testimony of the victim from the 50-B hearing. The Court ruled, upon examining the record on appeal, they found that the hearsay statements in question constitute, and are admissible as, statements of the declarant's then-existing mental, emotional, or phys...
