H.B. 905
GENERAL ASSEMBLY OF NORTH CAROLINA
May 10, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40569-LRa-110A
Short Title: Amend Rule 803/Allow Unsworn Declarations. (Public)
Sponsors: Representative John.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT ALLOWING UNDER RULE 803 OF THE NORTH CAROLINA RULES OF
3 EVIDENCE THE USE OF UNSWORN DECLARATIONS MADE PURSUANT TO 28
4 U.S.C. SECTION 1746 AND APPROPRIATING FUNDS FOR PUBLIC NOTICE AND
5 TRAINING ABOUT THE CHANGE.
6 The General Assembly of North Carolina enacts:
7 SECTION 1.(a) G.S. 8C-1, Rule 803 of the Rules of Evidence, reads as rewritten:
8 "Rule 803. Hearsay exceptions; availability of declarant immaterial.
9 The following are not excluded by the hearsay rule, even though the declarant is available as
10 a witness:
11 …
12 (6) Records of Regularly Conducted Activity. – A memorandum, report, record,
13 or data compilation, in any form, of acts, events, conditions, opinions, or
14 diagnoses, made at or near the time by, or from information transmitted by, a
15 person with knowledge, if (i) kept in the course of a regularly conducted
16 business activity and (ii) it was the regular practice of that business activity to
17 make the memorandum, report, record, or data compilation, all as shown by
18 the testimony of the custodian or other qualified witness, or by affidavit or by
19 document under seal under Rule 902 of the Rules of Evidence Evidence, or
20 by unsworn declaration made under penalty of perjury pursuant to 28 U.S.C.
21 § 1746, made by the custodian or witness, unless the source of information or
22 the method or circumstances of preparation indicate lack of trustworthiness.
23 Authentication of evidence by affidavit shall be confined to the records of
24 nonparties, and the proponent of that evidence shall give advance notice to all
25 other parties of intent to offer the evidence with authentication by affidavit.
26 The term "business" as used in this paragraph includes business, institution,
27 association, profession, occupation, and calling of every kind, whether or not
28 conducted for profit.
29 …."
30 SECTION 1.(b) This section is effective when it becomes law and validates
31 retroactively the use of unsworn declarations for the purposes of G.S. 8C-1, Rule 803 of the Rules
32 of Evidence, if the use occurred after the issuance of the Governor's Executive Order No. 116,
33 on March 10, 2020, and before the date when this act becomes law.
34 SECTION 2.(a) Effective July 1, 2021, there is appropriated from the General Fund
35 to the Office of the Secretary of State the sum of fifteen thousand dollars ($15,000) in
*DRH40569-LRa-110A*
 General Assembly Of North Carolina Session 2021
1 nonrecurring funds for the 2021-2022 fiscal year to publicize and provide notary training about
2 this act.
3 SECTION 2.(b) Effective July 1, 2021, there is appropriated from the General Fund
4 to the Administrative Office of the Courts the sum of fifteen thousand dollars ($15,000) in
5 nonrecurring funds for the 2021-2022 fiscal year to conduct training about this act.
6 SECTION 3. Except as otherwise provided, this act is effective when it becomes
7 law.
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Statutes affected:
Filed: 8C-1
Edition 1: 8C-1