North Carolina Law on Child Witnesses in Court

Understanding the Role of Child Witnesses in North Carolina Courts

The involvement of children in legal proceedings as witnesses is a delicate matter. North Carolina law recognizes the unique considerations that come with taking testimony from a child and has established specific protocols to ensure their protection and the integrity of their testimony. This article provides an overview of how child witnesses are treated in North Carolina courts, along with examples and historical references to clarify the information provided.

Competency of Child Witnesses

In North Carolina, before a child can testify in court, they must be deemed competent. Competency is determined by the child's ability to understand and express the obligation to speak truthfully. Historically, children as young as five have been allowed to testify after passing a competency examination by the judge. This evaluation may include questions about the child's understanding of the difference between truth and lies, as well as their awareness of the importance of telling the truth in court.

Testimony Procedures for Child Witnesses

When children do take the stand, procedures are in place to reduce potential trauma. For instance, judges might clear the courtroom or use closed-circuit television to allow the child to testify from a different room. In some cases, a support person may be present with the child while they testify. These adjustments aim to create a less intimidating environment for young witnesses.

Hearsay Exceptions for Child Witnesses

Hearsay is usually not admissible in court; however, there are exceptions when it comes to child witnesses in cases of abuse or neglect. Under North Carolina General Statutes (NCGS) § 8C-1, Rule 803(25), statements made by a child under the age of 12 regarding certain acts perpetrated upon them are not excluded by the hearsay rule. This exception acknowledges that requiring a child to testify about traumatic experiences in open court may not always be in their best interest.

Use of Expert Testimony

North Carolina courts also permit expert testimony on matters related to child witnesses. Experts can help jurors understand common behaviors and psychological effects associated with child victims, assisting jurors in properly interpreting a child's testimony or behavior both within and outside of the courtroom.

Historical Cases Involving Child Witnesses

An example of how North Carolina law has evolved in this area can be seen through historical cases such as State v. Michaels, where issues around suggestive interviewing techniques led to questions about the reliability of children's testimony. This case highlighted the need for guidelines on questioning children to prevent influencing their recollections.


The treatment of child witnesses in North Carolina courts is governed by statutes and precedents that emphasize protection and sensitivity to the needs of young individuals who may find themselves amidst complex legal proceedings. As society continues to evolve, so too does the legal system's approach to accommodating and ensuring justice for its most vulnerable participants—children.