DC-138B (Rev. 2/08), Statement by Witness Instructions
This form contains 41 fields organized into 11 sections. Below is a complete list of every field, its type, and what information is expected.
| Field Name | Type | Description |
|---|---|---|
| Accused - Live Witnesses Request | ||
| Live Witnesses — Yes | Checkbox |
Check this box if you request live witness(es) to be present at your hearing (and list their names on the form).
|
| Live Witnesses — No | Checkbox |
Check this box if you do not request any live witness(es) to be present at your hearing.
|
| Live Witnesses — Names | Text |
Enter the full names of the live witness(es) the accused requests to be present at the hearing, separating multiple names with commas. Fill only if 'Live Witnesses — Yes' is 'Yes'.
|
| Live Witnesses — Number Requested | Text |
Enter the total number of live witnesses the accused is requesting to be present at the hearing. Fill only if 'Live Witnesses — Yes' is 'Yes'.
|
| Accused - Physical Evidence Request | ||
| I request physical evidence be reviewed at my hearing — Yes | Checkbox |
Check this box if the accused requests that physical evidence be reviewed and presented at their hearing.
|
| I request physical evidence be reviewed at my hearing — No | Checkbox |
Check this box if the accused does not request that physical evidence be reviewed or presented at their hearing.
|
| Accused - Staff Assistance and Initials | ||
| Accused - Request staff assistance at my hearing: No | Checkbox |
Check this box if the accused does not want or does not request staff assistance at their hearing.
|
| Accused - Request staff assistance at my hearing: Yes | Checkbox |
Check this box if the accused requests staff assistance to be present or help during their hearing.
|
| Accused Inmate Initials | Text |
Enter the accused inmate's initials to indicate acknowledgment or consent (use the inmate's usual initials as they would sign). Fill only if 'Accused - Request staff assistance at my hearing: Yes' is 'Yes'.
|
| Accused - Written Statements Request | ||
| Written Statements Request - Yes | Checkbox |
Check this box if you request that written statements be gathered on your behalf.
|
| Written Statements Request - No | Checkbox |
Check this box if you do not request that written statements be gathered on your behalf.
|
| Written statements - Names (full list / additional) | Text |
Enter the full list or additional names of witnesses from whom you request written statements to be obtained for your hearing. Fill only if 'Written Statements Request - Yes' is 'Yes'.
|
| Written statements - Names (inline) | Text |
Enter the name or short list of persons whose written statements you request be gathered on your behalf. Fill only if 'Written Statements Request - Yes' is 'Yes'.
|
| General | ||
| 1 | Text | |
| 2 | Text | |
| 3 | Text | |
| 4 | Text | |
| 5 | Text | |
| 6 | Text | |
| 7 | Text | |
| 8 | Text | |
| 9 | Text | |
| 10 | Text | |
| 11 | Text | |
| 12 | Text | |
| 13 | Text | |
| 14 | Text | |
| Person Obtaining Statement | ||
| Name of Person Obtaining Statement | Text |
Enter the full name of the person who obtained the witness statement (include title or staff ID if applicable).
|
| Statement Body | ||
| Statement Body | Text |
Enter the witness's full, factual narrative of the events observed, including when and where it occurred, who was involved, names of other witnesses, and any relevant details or reasons for the conduct.
|
| Statement Date and Time | ||
| Statement Date | Date |
Enter the date when the witness statement was given.
|
| Statement Time | Time |
Enter the time when the witness statement was given.
|
| Witness Position and Accused OPUS | ||
| Witness Position / Staff ID | Text |
Enter the witness’s job title or position; if the witness is staff, include their staff ID number after the title. Fill only if 'Staff' is 'Yes'.
|
| Accused Inmate Name and OPUS Number | Text |
Provide the full name of the accused inmate (or inmates) followed by each inmate’s OPUS number.
|
| Witness Signature and Timestamp | ||
| Witness Signature Date | Date |
Enter the date on which the witness signed the statement.
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| Witness Signature Time | Time |
Enter the time at which the witness signed the statement.
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| Witness Signature | Text |
Enter the full signature of the witness who is affirming the statement.
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| Witness Type and Identification | ||
| Inmate | Checkbox |
Check this box when the person giving the statement is an inmate (also complete the NCDOC/Inmate-only field).
|
| Other | Checkbox |
Check this box when the person giving the statement is neither staff nor inmate and then write the person's name/type in the adjacent Name field.
|
| Witness Name | Text |
Enter the full name of the witness providing this statement exactly as it should appear on the form.
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| NCDOC (Inmate Only) ID | Text |
If the witness is an inmate, enter their NCDOC identification number; leave blank if not applicable. Fill only if 'Inmate' is 'Yes'.
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| Staff | Checkbox |
Check this box when the person giving the statement is a staff member (include staff ID in the Position or Title of Witness field).
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