NC H380

Adds comprehensive provisions to North Carolina Rules of Civil Procedure governing discovery of electronically stored information (ESI), including definitions of reasonably accessible metadata (date sent, date received, author, recipients).

Establishes that parties need not produce ESI from sources identified as not reasonably accessible due to undue burden or cost unless the requesting party shows good cause, with the burden on the objecting party to demonstrate inaccessibility.

Requires parties to meet within 21 days after initial discovery meeting request (no earlier than 40 days after complaint filing) to discuss discovery plans, including ESI preservation, format, production costs, and privilege claims.

Clarifies procedures for ESI production including that parties must produce ESI in reasonably usable form(s) and need not produce the same information in multiple forms; allows court to specify production conditions and cost allocation.

Protects parties from sanctions for loss of ESI resulting from routine, good-faith operation of electronic information systems; effective October 1, 2011 for actions filed after that date.