§ 31.09 PROCEDURAL ISSUES

• Jurisdiction: North Carolina

§ 31.09. PROCEDURAL ISSUES

Generally, the trial judge decides the admissibility of hearsay evidence under Rule 104(a).⁹⁸ Failure to raise the hearsay objection in a timely manner waives the issue,⁹⁹ in which case the evidence may be considered by the jury for whatever probative value the jury wishes to give it.

--------

Notes:

^[98] See Bourjaily v. United States, 483 U.S. 171, 175 (1987) (applying FRE 801(d)(2)(E), coconspirator exemption to hearsay rule); "Petitioner and the Government agree that the existence of a conspiracy and petitioner's involvement in it are preliminary questions of fact that, under Rule 104, must be resolved by the court.").

^[99] See Fed. R. Evid. 103 (objections).