TO CLARIFY THE PROCEDURE FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND TO MAKE CONFORMING CHANGES TO THE NORTH CAROLINA RULES OF CIVIL PROCEDURE.
House committee substitute makes the following changes to 1st edition. Rewrites GS 1A-1, Rule 26, to clarify the phrase ‘electronically stored information’ does not include other metadata unless the parties agree otherwise or the court orders otherwise upon motion of a party and a showing of good cause for the production of certain metadata. Rewrites GS 1A-1, Rule 33(c), by specifying that electronically stored information is included in the term “business record.” Directs the Revisor of Statutes to print, as annotations to the published General Statutes, all explanatory comments of the drafters of the act, the North Carolina Bar Association Litigation Section E-Discovery Committee, as the Revisor deems appropriate. Makes other technical and clarifying changes. Clarifies that the act is effective October 1, 2011, and applies to actions filed on or after that date.
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