AN ACT AMENDING RULE 30 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE RELATING TO THE TAKING OF DEPOSITIONS.
Amends GS 1A-1, Rule 30, of the Rules of Civil Procedure. Provides for a deposition to be taken in situations where a deponent lacks the government-issued photo identification necessary to be put on oath by the person before whom the deposition is taken, by allowing the deponent to sign a declaration stating that the deponent's testimony is given under penalty of perjury. Requires the person authorized to administer the oath to certify that the deponent signed a declaration because the oath was not administered, in addition to certifying that the deposition is a true record of the testimony given by the deponent. Provides that a declaration signed by a deponent has the same effect as an affirmation under GS 14-209 (perjury), and a deponent's willful perjury is subject to the same punishment set forth by the Rule. Details information that must be included in a declaration, including information regarding the matter and parties to the action, the legal name and address of the deponent, the date of the deposition, a statement of declaration and lines for the deponent's signature and date and two witnesses' signatures. Requires the deponent's declaration to be attached to the deposition transcript as an exhibit and filed with the transcript. Specifies that a person's preparation of the declaration does not constitute the unauthorized practice of law. Makes conforming changes and makes language gender-neutral. Applies to depositions taken on or after October 1, 2019.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.