Discovery in North Carolina involves the exchange of information between the parties in litigation.
Whether related to a simple car accident or a more complex claim for Alienation of Affections, the Rules of Civil Procedure direct the processes by which materials may be requested through discovery.
Most lawyers in Charlotte have standard Requests for Production of Documents and Requests for Interrogatories.
While the Doctrine of Clean Hands demands fair dealings and equity in litigation, lawyers spend a fair amount of time clarifying or otherwise defining what should be provided pursuant to discovery demands.
The following materials are for educational purposes and may serve as samples of what to expect in litigation.
If you have specific questions about your case or would like to seek legal representation by our Charlotte law firm, please call immediately to schedule a consultation.
Sample Instructions – Production of Documents
The PLAINTIFF requests that the DEFENDANT produce the following documents and things in your possession, custody or control in accordance with Rules 26 and 34 of the North Carolina Rules of Civil Procedure for inspection and copy at the offices of Powers Law Firm PA Attorneys for the Plaintiff, located at 2412 Arty Avenue, Charlotte, North Carolina, 28208, within 30 days of the date on the Certificate of Service.
In lieu of production of documents for copying, the Defendant may attach hereto exact copies (hard copies; delivery by CD or electronic delivery) of all requested documents clearly designating each request to which each document pertains and mail or deliver them to Bill Powers, Attorney for Plaintiff, at the above address.
Definitions in Discovery Materials
As used here, the words “record,” “records,” “document” or “documents” include the original and any copies of any written, printed, typed or graphic matter of any kind or nature, regardless of how produced or reproduced –any book, pamphlet, periodical, letter, memorandum, contract, agreement, invoice, bill, receipt, cancelled check, telegram, report, record, study, handwritten note, working paper, paper, chart, graph, drawing sketch, index, tape, data sheet, data processing card, personal notes, personal diaries, personal calendars, financial statement, tickets, expense records, vouchers or working papers — drafts of any kind, including drafts of contracts or letters, charts, or any other written drafts, whether recorded, transcribed, punched, taped, or that is now or was at any time in the possession, custody or control of the party from whom these documents are being requested, or in the possession, custody or control of the present or former agents, representatives or employees of the party from whom these documents are being requested, or any and all persons acting on his or her behalf. The above shall include any documents or any other form of writing or record of any kind; made at any time; in the possession, custody or control of such individuals or entities; or known by the party from whom these documents are being requested to exist or have existed.
As used here, the words “record,” “records,” “document,” or “documents” include ELECTRONIC data, specifically including, but not limited to: any form of writing or data storage in or on hard drives (desktop and/or notebook], floppy discs, taped backups, compact discs, DVDs, notebook computers, email storage facilities, audio tapes, videotapes, laser discs, smartphone, mobile phone, or other portable digital media; Internet or intranet servers, Internet service providers; cloud storage or any other online storage or data/document/file backup.
The term “electronic data, documents, information,” or “ESI” shall mean any and all electronic data or information stored on a computing or storage device.
Information and data is considered “electronic” if it exists in a medium that can only be read through the use of a computer device.
This term includes, but is not limited to: databases; all text file and word-processing documents (including metadata); presentation documents; spreadsheets; graphics, animations and images (including, but not limited to JPG, GIF, .BMP, .PDF, TIFF files); email; email strings; instant messages (including attachments, logs of email history and usage; header information and “deleted” files); email attachments; calendar and scheduling information; cache memory; Internet history files and preferences; audio, video and audiovisual recordings; voicemail stored on databases; networks; computers and computer systems activity logs; servers; archives; backup or disaster recovery systems; hard drives, discs, CDs, diskettes, removable drives, tapes, cartridges and other storage media; printers; scanners; personal digital assistants; computer calendars; handheld wireless devices; cellular telephones; pagers; fax machines; and voicemail systems. This term includes, but is not limited to: on-screen information, system data, archival data, legacy data, residual files.
Technical terms related to e-discovery are intended to be as defined in The Sedona Conference Glossary for E-discovery and Digital Information Management, July 2014 (Fourth Edition) and subsequent versions, except to the extent application of the definitions would render the discovery requests herein to be beyond the scope of discovery under the applicable North Carolina Rules of Civil Procedure.
As used here, the words “identify,” “identity” or “identification,” when used in reference to a natural person, include a request for his or her full name and present or last known address, his or her present or last known position and business affiliation, and each of his or her positions during the relevant time period requested; when used in reference to a document kept or prepared, include a request for its author, type of document (e.g., letter, memorandum, telegram, chart, photograph, salary production, etc.) – or if the above information is not available, some other means of identifying it – and its present location and name of each of its present custodians. If any document requested herein was – but no longer is – in your possession, subject to your custody or control, or in existence, state whether it: (a) is missing or lost, (b) has been destroyed, (c) has been transferred voluntarily or involuntarily to others, or (d) otherwise has been disposed of. In each instance above, explain the circumstances surrounding and basis for your contention that the document is missing or lost, or has been destroyed or transferred. Identify any authorization for the disposition, destruction or transfer of the document and the person who authorized such.
State the approximate date of the authorization, loss, destruction or transfer of any document.
As used herein, the words “person” or “persons” include natural persons, firms, partnerships, associations, joint ventures, corporations and other entities.
As used herein, the words “communication” or “correspondence” include all letters, telegrams, notices, messages, inter-office or intra-office memoranda, inter-agency or intra-agency memoranda, electronic mail or other written communications, notes, memoranda or other records or retrievable preservation of conversations, meetings, conferences or other oral communications
As used herein, “business” shall include any business association including, but not limited to: a sole proprietorship, joint stock company, partnership, limited liability company, corporation, real estate investment trust, or any other organization or entity.
For any document requested which was at one time in existence but is no longer in existence, please state for each such document:
As used here, the words “bank accounts” and other “monetary accounts” include checking accounts, savings accounts, certificates of deposit, cash in hand or held by another, or any other type of account containing currency.
The words “financial institution,” as used herein, mean any bank; savings and loan association; credit union; brokerage firm; discount brokerage firm; insurance company; mortgage company; individual investment consultant or financial consultant; or any other sales entity which is engaged in the investment buy(s), sale(s) (including short sale of stock), exchange(s), gifts(s) or transfer(s) of any security investment governed by the Securities and Exchange Commission – including, but not limited to, the sale of stocks, bonds, commodities, futures, penny stocks, mutual funds, unit investment trust, limited partnerships, money market accounts, certificates of deposit, checking account, interest-bearing checking account, or savings account.
The term “date of this response” means information or documentation known or in your possession, custody or control as of the date of your response to these discovery requests, as well as of the date of any supplementation thereto.
In responding to these requests, you shall set forth the request in full before each response. Separate responses shall be provided with respect to each request and its subdivisions. With respect to each document produced, identify the person producing the document and the paragraph or subparagraph number of the request.
Wherever a request calls for the production of a document claimed to be privileged, identify the document and include what privilege is claimed and the basis for the assertion of such claim.
Pursuant to NCRCP Rule 26(e), these requests are continuing and require additional answers as further information is obtained between the time the answers are served and the time of trial. Such additional answers shall be served from time to time, but not later than 30 days after such additional information is received.
Other Legal Issues and Reference Materials