§ 31-24. Examination of witnesses by affidavit. - North Carolina Statutes

§31‑24.  Examination of witnesses by affidavit.

(a)        The examination ofwitnesses to a will may be taken and subscribed in the form of an affidavitbefore a notary public or other person who is authorized to administer oaths inthe jurisdiction where the examination is held.

(b)        A photographic copyof the original will certified to be a true and exact copy thereof by the clerkof superior court of the county in which the will is to be probated may be usedin the examination of the witnesses in the procedures set out in subsection(a); provided, the said clerk has in his possession the original will at thetime of examination of the witnesses.

(c)        Affidavits taken inaccordance with subsection (a) shall be transmitted by the person taking theaffidavit to the clerk of superior court of the county in which the will is tobe probated.

(d)        Testimony submittedin accordance with subsection (a) is competent in regard to all requirements ofG.S. 31‑3.3 and to establish that a will was executed in compliance withthe requirements of G.S. 31‑3.3.

(e)        Nothing in thissection is to limit or otherwise affect the authority of a clerk of superiorcourt in the exercise of his authority as judge of probate under G.S. 28A‑2‑1to:

(1)        issue subpoenasunder G.S. 7A‑103; or

(2)        order the taking ofdepositions of witnesses.

 (1917, c. 183; C.S., s. 4149; 1933, c. 114; 1957, c.587, ss. 1, 1A; 1979, c. 226, s. 1; 1987, c. 78, s. 2.)