Witnesses; Oaths; Subpoenas

(a) Witnesses. The Commission Counsel and the Respondent shall have the right to call fact witnesses, expert witnesses, and character witnesses in accordance with the North Carolina Rules of Evidence, subject to the following limitations: (1) Fact and Expert Witnesses. The Commission Counsel and the Respondent shall have the right to call witnesses to testify about a genuine dispute of material fact between the parties in the disciplinary hearing. The Commission Counsel may call the Respondent as a witness. Expert witnesses may be called at the expense of the party calling the expert and only in accordance with the North Carolina Rules of Evidence. (2) Character Witnesses. The Commission Counsel and the Respondent shall have the right to call witnesses to testify to the character of the Respondent, but neither the Commission Counsel nor the Respondent may call more than 4 character witnesses in a disciplinary proceeding. Additional character witnesses may submit affidavits or be identified and tendered for the record. (3) Witness Costs. Witnesses shall be reimbursed in the manner provided in civil cases in the General Court of Justice, and their expenses shall be borne by the party calling them. Vouchers authorizing disbursements by the Commission for witnesses shall 25 TOC Rule 20 be signed by the presiding Chairperson or Vice-Chairperson or by the Executive Director. (b) Oaths. Every witness who testifies before the hearing panel at a disciplinary hearing shall be required to declare, by oath or affirmation, to testify truthfully. The oath or affirmation may be administered by any member of the Commission or by the Executive Director. (c) Subpoenas. Both the Commission Counsel and the Respondent have the right to the issuance of subpoenas to compel the attendance of witnesses or the production of documents and other evidentiary material for the disciplinary or disability hearing. A subpoena to compel the attendance of a witness at a disciplinary or disability hearing before the Commission, or a subpoena for the production of evidence, shall be issued in the name of the State of North Carolina upon request of the Commission Counsel or the Respondent, and shall be signed by a member of the Commission, by the Executive Director, or by the Commission Counsel. A subpoena shall be served, without fee, by any officer authorized to serve a subpoena under Rule 45(b) of the North Carolina Rules of Civil Procedure. History Note. 374 N.C. 960; 386 N.C. 974.