Bill Summary for H 379 (2011-2012)

Summary date: 

Mar 16 2011
S.L. 2011-247

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 379 (Public) Filed Wednesday, March 16, 2011
TO ENACT THE NORTH CAROLINA INTERSTATE DEPOSITIONS AND DISCOVERY ACT AND TO MAKE CONFORMING AMENDMENTS TO THE NORTH CAROLINA RULES OF CIVIL PROCEDURE.
Intro. by Glazier, Rhyne, Ross, McGrady.

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Bill 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.

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