2005 North Carolina Code - General Statutes § 15A-910. Regulation of discovery - Failure to comply.

§ 15A‑910.  Regulation of discovery – Failure to comply.

(a)       If at any time during the course of the proceedings the court determines that a party has failed to comply with this Article or with an order issued pursuant to this Article, the court in addition to exercising its contempt powers may

(1)       Order the party to permit the discovery or inspection, or

(2)       Grant a continuance or recess, or

(3)       Prohibit the party from introducing evidence not disclosed, or

(3a)     Declare a mistrial, or

(3b)     Dismiss the charge, with or without prejudice, or

(4)       Enter other appropriate orders.

(b)       Prior to finding any sanctions appropriate, the court shall consider both the materiality of the subject matter and the totality of the circumstances surrounding an alleged failure to comply with this Article or an order issued pursuant to this Article. (1973, c. 1286, s. 1; 1975, c. 166, s. 17; 1983, Ex. Sess., c. 6, s. 3; 2004‑154, s. 9.)