AN ACT TO ENACT THE NORTH CAROLINA INTERSTATE DEPOSITIONS AND DISCOVERY ACT AND TO MAKE CONFORMING AMENDMENTS TO THE NORTH CAROLINA RULES OF CIVIL PROCEDURE. Summarized in Daily Bulletin 3/16/11, 5/9/11, and 6/9/11 Enacted June 23, 2011. Effective December 1, 2011.
Summary date: Jun 30 2011 - View summary
Summary date: Jun 9 2011 - View summary
Senate committee substitute makes the following changes to 2nd edition. Makes technical change only.
Summary date: May 9 2011 - View summary
House committee substitute makes the following changes to 1st edition. Adds additional language to proposed GS 1F-3(b) directing the clerk to also promptly open an appropriate court file, assign a file number, and collect the applicable filing fee pursuant to GS 7A-305(a)(2), when a party submits a foreign subpoena. Amends GS 1A-1(f)(2)d., Rule 45, by requiring specified motions be immediately placed on the calendar for a hearing within 20 days before the court in which the action is pending where the commission is to be issued (was, required the motion be placed on the next available calendar). Amends GS 1A-1(f)(3) by adding a new subsection directing the commission, in addition to any terms required by the foreign jurisdiction to initiate the process of obtaining discovery, to also attach a copy of any case management order, discovery order, local rule, or other rule or order establishing any discovery deadlines in the North Carolina action. Clarifies that the act is effective December 1, 2011, and applies to all cases then pending or filed on or after that date.
Summary date: Mar 16 2011 - View summary
Enacts new Chapter 1F, the North Carolina Uniform Interstate Depositions and Discovery Act. Defines foreign jurisdiction as a state other than North Carolina, and foreign subpoena as a subpoena issued by a court of record in a foreign jurisdiction. Also defines person, state, and subpoena, as applicable in the proposed chapter. Requires a person requesting issuance of a subpoena to submit a foreign subpoena to a clerk of court in the county where discovery is sought. Clarifies that a request for the issuance of a subpoena does not constitute an appearance in the state court. Directs the clerk to promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. Lists information for inclusion in the subpoena. Sets forth provisions concerning service, deposition, production, inspection, and applications for protective orders, in relation to the subpoena.
Makes a conforming change to Rule 28(d), codified in GS 1A-1, rewriting the heading to read Depositions to be used in foreign countries.
Adds new subsection (f) to GS 1A-1, Rule 45, titled Discovery from persons residing outside the State. Allows any party to obtain discovery from a person residing in another state or area subject to U.S. jurisdiction in one or more of the following forms: (1) oral depositions; (2) depositions on written questions; or (3) requests for production of documents and tangible things, provided the party follows any procedures under the laws applicable to the area, including obtaining a commission if required. Sets forth procedures and requirements for obtaining a commission.
Directs the revisor of statutes to print all relevant portions of the official comments to the Uniform Interstate Depositions and Discovery Act.
Applies to requests for discovery made in cases pending on or after December 1, 2011.