§ 8-80 – Remedies against defaulting witness before commissioner.
8-80. Remedies against defaulting witness before commissioner. But in case the default be made before a commissioner, arbitrator, referee or other person, acting under a commission or authority from any of the courts of this State, then the same shall be certified under his hand, and returned with the subpoena to the court by which […]
§ 8-81 – Objection to deposition before trial.
8-81. Objection to deposition before trial. At any time before the trial, or hearing of an action or proceeding, any party may make a motion to the judge or court to reject a deposition for irregularity in the taking of it, either in whole or in part, for scandal, impertinence, the incompetency of the testimony, […]
§ 8-82 – Deposition not quashed after trial begun.
8-82. Deposition not quashed after trial begun. No deposition shall be quashed, or rejected, on objection first made after a trial has begun, merely because of an irregularity in taking the same, provided it shall appear that the party objecting had notice that it had been taken, and it was on file long enough before […]
§ 8-83 – When deposition may be read on the trial.
8-83. When deposition may be read on the trial. Every deposition taken and returned in the manner provided by law may be read on the trial of the action or proceeding, or before any referee, in the following cases, and not otherwise: (1) If the witness is dead, or has become insane since the deposition […]
§ 8-58.51 – (Article has a contingent effective date see note) Definitions.
8-58.51. (Article has a contingent effective date – see note) Definitions. The following definitions apply in this Article: (1) "Department" means the Department of Environmental Quality. (2) "Enforcement agencies" means the Department, any other agency of the State, and units of local government responsible for enforcement of environmental laws. (3) "Environmental audit" means a voluntary, […]
§ 8-58.52 – (Article has a contingent effective date see note) Applicability.
8-58.52. (Article has a contingent effective date – see note) Applicability. (a) This Article applies to activities regulated under environmental laws, including all of the following provisions of the General Statutes, and rules adopted thereunder: (1) Article 7 of Chapter 74. (2) Chapter 104E. (3) Article 25 of Chapter 113. (4) Articles 1, 4, and […]
§ 8-58.53 – (Article has a contingent effective date see note) Environmental audit report; privilege.
8-58.53. (Article has a contingent effective date – see note) Environmental audit report; privilege. (a) An environmental audit report or any part of an environmental audit report is privileged and, therefore, immune from discovery and is not admissible as evidence in civil or administrative proceedings, except as provided in G.S. 8-58.54 and G.S. 8-58.56. Provided, […]
§ 8-58.54 – (Article has a contingent effective date see note) Waiver of privilege.
8-58.54. (Article has a contingent effective date – see note) Waiver of privilege. (a) The privilege established under G.S. 8-58.53 does not apply to the extent that it is expressly waived in writing by the owner or operator of a facility at which an environmental audit was conducted and who prepared or caused to be […]
§ 8-58.55 – (Article has a contingent effective date see note) Notification of audit.
8-58.55. (Article has a contingent effective date – see note) Notification of audit. In order to assert the privilege established under G.S. 8-58.53, the owner or operator of the facility conducting the environmental audit shall, upon inspection of the facility by an enforcement agency, or no later than 10 working days after completion of an […]
§ 8-58.56 – (Article has a contingent effective date see note) Revocation of privilege in civil and administrative proceedings.
8-58.56. (Article has a contingent effective date – see note) Revocation of privilege in civil and administrative proceedings. In a civil or administrative proceeding, an enforcement agency may seek by motion a declaratory ruling on the issue of whether an environmental audit report is privileged. The court shall revoke the privilege established under G.S. 8-58.53 […]