Loading chat...
NC H376
Bill
Status
7/16/2015
Primary Sponsor
Jonathan Jordan
Click for details
AI Summary
-
Modernizes expert witness discovery rules in North Carolina civil procedure by replacing interrogatory-only requirements with options for detailed written reports signed by retained experts or their employees regularly providing testimony.
-
Written expert reports must include complete opinions, basis and reasoning, facts or data considered, supporting exhibits, witness qualifications with 10-year publication list, expert testimony from previous 4 years, and compensation statement.
-
Establishes expert witness deposition rights after written reports or interrogatory responses are provided, with party seeking discovery paying expert's reasonable deposition fee unless manifest injustice would result.
-
Protects draft expert reports and attorney-expert communications from disclosure, with exceptions only for communications about compensation, facts/data provided by attorney, and assumptions the expert relied upon.
-
Requires expert disclosure at least 90 days before trial or within 30 days of opposing party's disclosure for rebuttal testimony, with court authority to bar trial presentation for untimely disclosure; effective October 1, 2015 for actions commenced after that date.
Legislative Description
Civ Pro/Modernize Expert Discovery
Last Action
Ch. SL 2015-153
7/16/2015