North Carolina General Statutes 28A-2A-16. Examination of witnesses by affidavit
(a) The examination of witnesses to a will may be taken and subscribed in the form of an affidavit before a notary public or other person who is authorized to administer oaths in the jurisdiction where the examination is held.
(b) A photographic copy of the original will certified to be a true and exact copy thereof by the clerk of superior court of the county in which the will is to be probated may be used in the examination of the witnesses in the procedures set out in subsection (a) of this section; provided, the said clerk has in his possession the original will at the time of examination of the witnesses.
(c) Affidavits taken in accordance with subsection (a) of this section shall be transmitted by the person taking the affidavit to the clerk of superior court of the county in which the will is to be probated.
(d) Testimony submitted in accordance with subsection (a) of this section is competent in regard to all requirements of N.C. Gen. Stat. § 31-3.3 and to establish that a will was executed in compliance with the requirements of N.C. Gen. Stat. § 31-3.3
(e) Nothing in this section is to limit or otherwise affect the authority of a clerk of superior court in the exercise of his authority as judge of probate under N.C. Gen. Stat. § 28A-2-1 to:
(1) Issue subpoenas under N.C. Gen. Stat. § 7A-103; or
Terms Used In North Carolina General Statutes 28A-2A-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Order the taking of depositions 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; 2011-344, ss. 3, 4.)