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NC H376

Bill

Status

Passed

7/16/2015

Primary Sponsor

Jonathan Jordan

Click for details

Origin

House of Representatives

2015-2016 Session

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

Committee Referrals

Judiciary II6/4/2015
Rules and Operations of the Senate4/22/2015
Judiciary II3/30/2015

Full Bill Text

No bill text available