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NC General Statutes

N.C. Gen. Stat. § 8-81 (2026)

Objection to deposition before trial

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At any time before the trial, or hearing of an action or proceeding, any party may make a motion to the judge or court to reject a deposition for irregularity in the taking of it, either in whole or in part, for scandal, impertinence, the incompetency of the testimony, for insufficient notice, or for any other good cause. The objecting party shall state his exceptions in writing. (1869-70, c. 227, ss. 13, 17; Code, s. 1361; 1895, c. 312; 1903, c. 132; Rev., s. 1648; C.S., s. 1819.)

 

Notes of Decisions
Cited in 6 cases, 1962–2014 · leading case: Pratt v. Bishop, 126 S.E.2d 597 (N.C. 1962).
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Pratt v. Bishop, 126 S.E.2d 597 (N.C. 1962). · cites it 3× “)” G.S. 8-81 provides, inter alia, that “At any time before the trial, * * * any party may make a motion to the judge or court to reject a deposition for * * incompetency of the testimony, * * * The objecting party shall state his exceptions in writing.”
GRE Props. Thomasville LLC v. Libertywood Nursing Ctr., Inc., 761 S.E.2d 676 (N.C. Ct. App. 2014). · cites it 2× “Underwood had been diagnosed with a neurological condition affecting his memory, plaintiff filed a motion in limine pursuant to N.C. Gen. Stat. § 8-81 to exclude his deposition testimony from trial.”
State v. Montgomery, 236 S.E.2d 390 (N.C. Ct. App. 1977). “2d, Trial § 3) as follows: “In general, it has been held that the trial begins when the jury are called into the box for examination as to their qualifications — when the work of impaneling the jury begins — and that the calling of a jury is a part of.”
Moore v. Reynolds, 303 S.E.2d 839 (N.C. Ct. App. 1983). “It does not appear from the record that plaintiff informed the court of his objection to the question prior to trial, as provided in G.S. 8-81. It was particularly important that prior objection be made in this case since it was a video tape deposition and an objection would…”
State v. Swann, 168 S.E.2d 429 (N.C. Ct. App. 1969). · cites it 2× “8-81 relating to depositions: “When a trial commences is a difficult question, and the answer may vary according to the statute being construed and according to the circumstances in a particular case. ‘In general, it has been held that the trial begins when the jury are called…”
DELOACH v. Philip Morris Companies, Inc., 321 F. Supp. 2d 707 (M.D.N.C. 2004). · cites it 2× “(quoting N.C. Gen.Stat. § 8-81). Although the court cited a general rule that “trial begins when the jury are called into the box for examination as to their qualifications,” it could not tell from the record when Bishop’s motion had been filed, only that it occurred on the day…”
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