North Carolina Rules of Civil Procedure:

House Bill 380 was introduced on March 17, 2011, which intends to clarify the discovery of ESI. This bill suggests amendments largely analogous to the 2006 Federal Rules of Civil Procedure amendments, but does not include a mandatory meet and confer provision. The bill also provides a definition of ESI which includes “reasonably accessible metadata…” In addition, FRCP 37(e) is equivalent to the proposed North Carolina Rules of Civil Procedure 37(c).

Proposed Amendments: Rule 16, Rule 26(b)(1), (b)(3), (b)(7), (c), (f)(1-4), Rule 34(a)-(b), Rule 37(a)(2), (c) Rule 45.

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