§ 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 […]
§ 8-57.2 – Presumed father or mother as witnesses where paternity at issue.
8-57.2. Presumed father or mother as witnesses where paternity at issue. Whenever an issue of paternity of a child born or conceived during a marriage arises in any civil or criminal proceeding, the presumed father or the mother of such child is competent to give evidence as to any relevant matter regarding paternity of the […]
§ 8-58.63 – (Article has a contingent effective date see note) Preemption of local laws.
8-58.63. (Article has a contingent effective date – see note) Preemption of local laws. No local law, rule, ordinance, or permit condition may circumvent or limit the privilege established by this Article or the exercise of the privileges or the presumption and immunity established by this Article. (2015-286, s. 4.1(a).)
§ 8-58.1 – Injured party as witness when medical charges at issue.
8-58.1. Injured party as witness when medical charges at issue. (a) Whenever an issue of hospital, medical, dental, pharmaceutical, or funeral charges arises in any civil proceeding, the injured party or his guardian, administrator, or executor is competent to give evidence regarding the amount paid or required to be paid in full satisfaction of such […]
§ 8-59 – Issue and service of subpoena.
8-59. Issue and service of subpoena. In obtaining the testimony of witnesses in causes pending in the trial divisions of the General Court of Justice, subpoenas shall be issued and served in the manner provided in Rule 45 of the Rules of Civil Procedure for civil actions. Provided that in criminal cases any employee of […]