Bill Summary for H 379 (2011-2012)

Summary date: 

May 9 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

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.

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