Bill Summary for S 470 (2017-2018)

Summary date: 

Mar 29 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 470 (Public) Filed Wednesday, March 29, 2017
AN ACT AMENDING RULE 26 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE RELATING TO DISCOVERY IN BANKRUPTCY TRUST PERSONAL INJURY CLAIMS.
Intro. by Lee, Brown, B. Jackson.

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Bill summary

Amends GS 1A-1, Rule 26(b) (concerning the scope of discovery). Requires plaintiffs filing personal injury lawsuits based on exposure to asbestos to provide to all parties a sworn statement indicating that an investigation of all bankruptcy trust claims has been conducted and that all such claims that can be made by the plaintiff have been filed, along with the identify of those claims, and materials submitted to or received from a bankruptcy trust. Provides for the supplementation of this information for subsequent bankruptcy trust claims and materials. Provides for the defendant to move for a stay upon reasonable belief that the plaintiff can file additional bankruptcy trust claims, and provides the defendant with a setoff or credit in the amount the plaintiff is awarded or is reasonably expected to be awarded from a bankruptcy trust. Makes these materials presumptively relevant and authentic and admissible in the action. Authorizes a defendant to seek discovery from a bankruptcy trust.

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