§ 62-68. Use of affidavits. - North Carolina Statutes

§ 62-68.  Use ofaffidavits.

At any time, 10 or more days prior to a hearing or a continued hearing,any party or the Commission may send by registered or certified mail or deliverto the opposing parties a copy of any affidavit proposed to be used in evidence,together with the notice as herein provided. Unless an opposing party or theCommission at least five days prior to the hearing, if the affidavit and noticeare received at least 20 days prior to such hearing, otherwise at any timeprior to or during such hearing, sends by registered or certified mail ordelivers to the proponent a request to cross-examine the affiant at thehearing, the right to cross-examine such affiant is waived and the affidavit,if introduced in evidence, shall be given the same effect as if the affiant hadtestified orally. If an opportunity to cross-examine an affiant at the hearingis not afforded after request therefor is made as herein provided, theaffidavit shall not be received in evidence. The notice accompanying the affidavitshall set forth the name and address of the affiant and shall contain astatement that the affiant will not be called to testify orally and will not besubject to cross-examination unless the opposing parties or the Commissiondemand the right of cross-examination by notice mailed or delivered to theproponent at least five days prior to the hearing if the notice and affidavitare received at least 20 days prior to such hearing, otherwise at any timeprior to or during such hearing. (1949,c. 989, s. 1; 1957, c. 1152, s. 3; 1963, c. 1165, s. 1.)