Dawn Campbell

19 June 2016
Family Law
Discovery in NC
1.

Rule 26: What are the five types of discovery authorized in NC? The five
of methods authorized in North Carolina are:
Depositions upon oral examinations or written questions.
Written interrogatories.
Production of documents or things or permission to enter upon land or other
property, for inspection and other purposes.
Physical and mental examinations.
Requests for admission.
Rule 26(b)(1a): Create an example that would show discovery that may be
limited by the court.
Rule 26(f): Alan remembers learning something about discovery meetings
and discovery plans. Using "bullets" list five important things Alan needs to know
about discovery meetings and plans.
During a discovery meeting, the attorneys and any unrepresented parties
shall consider the nature and basis of the parties claims and defenses and
the possibilities for promptly settling or resolving the case.
No earlier than 40 days after the complaint is filed in an action, any partys
attorney or an unrepresented party may request a meeting on the subject of
discovery, including the discovery of electronically stored information.
Plan can contain a statement of issues as they then appear, propose a plan
and schedule of discovery of electronically stored information, respect to
electronically stored information under the circumstances of the case a
reference to the preservation of such information.
If the parties are unable to agree to a discovery plan at a meeting, shall upon
motion of any party, appear before the court for a discovery conference at
which the court shall order the entry of a discovery plan.
Meetings may be held by telephone, videoconference, or in person, or a
combination of both.
Rule 26(g): Who signs the interrogatories Alan has drafted for a client in a
case? What is the significance of this signature? At least one attorney has to sign
the interrogatories. It is to make sure that they are consistent with the rules and
warranted by existing law or a good faith argument. It is not interposed for any
improper purpose. It is to make sure it is not unreasonable or unduly burdensome
or expensive.
Rule 30(b)(1): In general, what things should Alan include in the notice of
deposition? How early does this notice need to be served on an in-state resident?
Some of the things that should be included in the notice of deposition are as
follows: It needs to state the time and place for taking of the deposition and the
name and address of each person to be examined. If you do not know the name all
you have to provide is a general description to identify the person. The notice shall
be served on all parties at least 15 days prior out of state. The notice shall be
served on all parties at least 10 days in state.
types

2.
3.

4.

5.

6.

Rule 32(a)(1): Alan has read this a few times but just does not get it. Can
you give him an example of when a deposition may be used to contradict or
impeach a witness in court? The evidence that is being sworn in can be used by any
party to try and contradict the other party and to impeach the testimony of the
person that made the deposition or affidavit under oath. The defendant made up
lies about your client and found specific evidence that contradicted their statement
and affidavit.
7.
Rule 33: Is there a limit to the number of interrogatories Alan can direct at
the opposing party? Yes, there is a limit to the interrogatories to direct to an
opposing party. It can be no more than 50 interrogatories.
8.
Rule 34(b): In general, does Alan's client have to produce electronically
stored information in print form and on a flash drive? Producing in one form is
sufficient
9.
Rule 35: What is required from a court for this discovery method? The
method that is required for discovery is an Order for examination and a report of
examining physician.
10.
Rule 37(b1): Give an example of this for Alan. If your client fails to be sworn
in and the prosecutor asks your client a question. Your client refuses to answer the
question and the judge directs you to answer it you may be held in contempt. This
is Sanctions by Court in County Where Deposition is Taken.