(a) Form. – In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules.
Rule 43.Evidence.
Last verified July 3, 2026
In one sentenceRule 43 sets baseline trial-evidence mechanics -- oral testimony in open court, cross-examining hostile witnesses and opposing parties, preserving excluded evidence for appeal, affirming instead of swearing an oath, and using affidavits on motions.
Full Text of Rule 43
(b) Examination of hostile witnesses and adverse parties. – A party may interrogate any unwilling or hostile witness by leading questions and may contradict and impeach him in all respects as if he had been called by the adverse party. A party may call an adverse party or an agent or employee of an adverse party, or an officer, director, or employee of a public or private corporation or of a partnership or association which is an adverse party, or an officer, agent or employee of a state, county or municipal government or agency thereof which is an adverse party, and interrogate him by leading questions and contradict and impeach him in all respects as if he had been called by the adverse party.
(c) Record of excluded evidence. – In an action tried before a jury, if an objection to a question propounded to a witness is sustained by the court, the court on request of the examining attorney shall order a record made of the answer the witness would have given. The court may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. In actions tried without a jury the same procedure may be followed, except that the court upon request shall take and report the evidence in full, unless it clearly appears that the evidence is not admissible on any grounds or that the witness is privileged.
(d) Affirmation in lieu of oath. – Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.
(e) Evidence on motions. – When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 43(a) requires witness testimony to be taken orally in open court unless the rules provide otherwise. Rule 43(b) lets a party lead and impeach an unwilling or hostile witness, and lets a party call and lead or impeach an adverse party -- or that party's agent, employee, officer, or director, including of a public or private corporation, partnership, or association, or a government agency -- as if that person had been called by the opposing side.
Rule 43(c) requires the court, on request, to record what a witness's answer would have been whenever an evidentiary objection is sustained during a jury trial, along with any additional context on the evidence's character, form, the objection, and the ruling; in a non-jury trial the same procedure applies, except the court must take and report the evidence in full on request unless it's clearly inadmissible on some ground or the witness is privileged. Rule 43(d) lets a solemn affirmation substitute for an oath anywhere these rules require one. Rule 43(e) lets the court decide a motion resting on facts outside the record using affidavits from both sides, or direct that the matter be heard wholly or partly through oral testimony or depositions instead.
Frequently Asked Questions
Can a party ask leading questions of the opposing party at trial?
Yes. Rule 43(b) lets a party call and lead an adverse party (or that party's agent, employee, officer, or director) and impeach them as if they had been called by the opposing side.
What happens when the court sustains an objection to a question at trial?
On request, Rule 43(c) requires the court to have the excluded answer recorded so it's preserved for appeal, along with context on the evidence and the ruling.
Can a witness affirm instead of swearing an oath?
Yes. Rule 43(d) allows a solemn affirmation in place of an oath wherever these rules require one.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 43). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: oral testimony in open courtcross examination of hostile witnessoffer of proof excluded evidenceaffirmation in lieu of oathevidence on motions by affidavitleading questions adverse party