lay witnesses Archives – North Carolina Criminal Law

Paying Witnesses’ Legal Fees

July 28, 2010 Jeff Welty

Rule of Professional Conduct 3.4(b) states that it is improper to “offer an inducement to a witness that is prohibited by law.” Comment 3 to the rule states that “[t]he common law rule in most jurisdictions is that it is improper to pay an occurrence witness any fee for testifying,” though “it is not improper … Read more

The Need for (Evidence of) Speed

October 17, 2017February 9, 2010 Shea Denning

A civil case decided by the court of appeals last week, Blackwell v. Hatley, addresses when a witness may testify as to his or her opinion of how fast a vehicle was traveling. In Blackwell, the court held that an accident report prepared by a town police officer estimating the defendant’s speed at the time … Read more