Bill Summary for S 470 (2017-2018)

Summary date: 

May 24 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

House committee substitute makes the following changes to the 2nd edition.

Amends GS 1A-1, Rule 26 (General provisions governing discovery). Amends the scope of discovery for bankruptcy trust personal injury claims, deleting the requirement that a plaintiff supplement the information and materials provided under that subsection within 30 days of filing an additional claim.

Deletes proposed amendment to GS 1B-4 (Release or covenant not to sue).

Amends GS 1-75.12 (Stay of proceeding to permit trial in a foreign jurisdiction or filing of a bankruptcy trust claim). Deletes proposed language authorizing the court to stay civil personal injury actions claiming asbestos exposure until a bankruptcy trust addresses a bankruptcy trust claim (but preserves the language authorizing the court to stay the action until the plaintiff files the bankruptcy trust claim).

Makes the bill applicable to actions filed (was, filed or pending) on or after the date the bill becomes law.

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