Munchak Corp. v. Caldwell

BRANCH, Chief Justice.

The sole question presented for review is whether the trial court erred in permitting defendant to offer into evidence the transcript of the prior proceeding without first laying the proper foundation.

A transcript of testimony given at a prior trial or proceeding, if offered to prove the truth of the matters stated therein, is hearsay. State v. Smith, 291 N.C. 505, 231 S.E. 2d 663 (1977); Smith v. Moore, 149 N.C. 185, 62 S.E. 892 (1908). See generally 1 Stansbury’s North Carolina Evidence § 145 (Brandis Rev. 1973). Nevertheless, the necessity and reliability of such…