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NC H379

Bill

Status

Passed

6/23/2011

Primary Sponsor

Bill Faison

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Origin

House of Representatives

2011-2012 Session

AI Summary

  • Creates new Chapter 1F establishing the North Carolina Uniform Interstate Depositions and Discovery Act, allowing parties to obtain discovery from persons in other states through depositions, written questions, and document requests.

  • Permits parties to submit foreign subpoenas to North Carolina county clerks, who will issue corresponding subpoenas for service following state procedures and collect applicable filing fees.

  • Establishes procedures for obtaining commissions to conduct discovery outside North Carolina, requiring parties to confer in good faith with other counsel before filing motions and allowing courts to award costs and attorney fees if a party opposes without good cause.

  • Modifies Rule 28(d) of the North Carolina Rules of Civil Procedure to clarify that depositions outside the state now apply specifically to foreign countries and extends Rule 45 discovery procedures to persons residing outside North Carolina.

  • Becomes effective December 1, 2011, and applies to all pending or newly filed cases as of that date.

Legislative Description

Uniform Depositions and Discovery Act

Last Action

Ch. SL 2011-247

6/23/2011

Committee Referrals

Judiciary I5/11/2011
Judiciary Subcommittee A3/17/2011

Full Bill Text

No bill text available