§ 8-74 – Depositions for defendant in criminal actions.
8-74. Depositions for defendant in criminal actions. In all criminal actions, hearings and investigations it shall be lawful for the defendant in any such action to make affidavit before the clerk of the superior court of the county in which said action is pending, that it is important for the defense that he have the […]
§ 8-76 – Depositions before municipal authorities.
8-76. Depositions before municipal authorities. Any board of aldermen, board of town or county commissioners or any person interested in any proceeding, investigation, hearing or trial before such board, may take the depositions of all persons whose evidence may be desired for use in said proceeding, investigation, hearing or trial; and to do so, the […]
§ 8-78 – Commissioner may subpoena witness and punish for contempt.
8-78. Commissioner may subpoena witness and punish for contempt. Commissioners to take depositions appointed by the courts of this State, or by the courts of the states or territories of the United States, arbitrators, referees, and all persons acting under a commission issuing from any court of record in this State, are hereby empowered, they […]
§ 8-79 – Attendance before commissioner enforced.
8-79. Attendance before commissioner enforced. The sheriff of the county where the witness may be shall execute all such subpoenas, and make due return thereof before the commissioner, or other person, before whom the witness is to appear, in the same manner, and under the same penalties, as in case of process of a like […]
§ 8-58.57 – (Article has a contingent effective date see note) Privilege in criminal proceedings.
8-58.57. (Article has a contingent effective date – see note) Privilege in criminal proceedings. The privilege established under G.S. 8-58.53 is not applicable in any criminal proceeding. (2015-286, s. 4.1(a).)
§ 8-58.58 – (Article has a contingent effective date see note) Burden of proof.
8-58.58. (Article has a contingent effective date – see note) Burden of proof. A party asserting the privilege established under G.S. 8-58.53 has the burden of proving that (i) the materials claimed as privileged constitute an environmental audit report as defined by this Article, and (ii) compliance has been achieved or will be achieved within […]
§ 8-58.59 – (Article has a contingent effective date see note) Stipulations; declaratory rulings.
8-58.59. (Article has a contingent effective date – see note) Stipulations; declaratory rulings. The parties to a proceeding may at any time stipulate to entry of an order directing that specific information contained in an environmental audit report is or is not subject to the privilege. In the absence of an ongoing proceeding, where the […]
§ 8-58.60 – (Article has a contingent effective date see note) Construction of Article.
8-58.60. (Article has a contingent effective date – see note) Construction of Article. Nothing in this Article limits, waives, or abrogates any of the following: (1) The scope or nature of any statutory or common law privilege, including the work-product privilege or the attorney-client privilege. (2) Any existing ability or authority under State law to […]
§ 8-58.61 – (Article has a contingent effective date see note) Voluntary disclosure; limited immunity from civil and administrative penalties and fines.
8-58.61. (Article has a contingent effective date – see note) Voluntary disclosure; limited immunity from civil and administrative penalties and fines. (a) An owner or operator of a facility is immune from imposition of civil and administrative penalties and fines for a violation of environmental laws voluntarily disclosed subject to the requirements and criteria set […]
§ 8-58.62 – (Article has a contingent effective date see note) Additional limitations on exercise of privilege or immunity.
8-58.62. (Article has a contingent effective date – see note) Additional limitations on exercise of privilege or immunity. An owner or operator of a facility who makes a voluntary disclosure of a violation of environmental laws discovered through performance of an environmental audit shall only be entitled to exercise of the privilege or immunity established […]