Plaintiff and several defendants submitted a status report proposing deadlines for discovery on plaintiff’s negligence claim in the Trussway Action, even though discovery in the Lead and Crescent Actions had ended prior to the filing of the Trussway Action. Defendant ...

Tagged with: discovery

While defendant Whitworth’s changes to her deposition testimony are extensive and substantive, N.C. R. Civ. P. 30(e) allows her to make such changes. The court denies plaintiffs’ request to strike Whitworth’s errata sheet. The court rejects the view, espoused by ...

Tagged with: discovery

The trial court could defer ruling on defendant’s motion for sanctions under N.C. R. Civ. P. 37 until after trial; this did not divest the trial court of jurisdiction to rule on the motion after a mistrial was declared. We ...

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In response to plaintiff’s interrogatory asking defendant to identify all relevant documents, defendant gave an incomplete reply by referring plaintiff to “documents produced in the Defendant’s Responses to the Plaintiffs’ First Request for Production of Documents.” Despite its duty to ...

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After plaintiff tripped and fell in a shopping mall parking lot, the mall’s property manager completed an incident report pursuant to defendants’ established policy for reporting “occurrences on the property.” As this court has consistently held, such reports are not ...

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Where the superior court allowed plaintiff’s motion to quash defendants’ third-party subpoena, issued a protective order, and ordered defendants to bear the costs and to pay reasonable attorney’s fees, but where the superior court did not determine the amount of ...

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Holding: Just before jury selection, defendant provided the state with his expert’s final report, which differed significantly from his original report; therefore, the state could call a new expert to rebut the defense expert’s final report. We find no error ...

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The Building Center, Inc. v. Carter Lumber of the North, Inc. (Lawyers Weekly No. 020-091-17, 8 pp.) (Gregory McGuire, J.) 2017 NCBC 84 Holding: Defendant Carter Lumber’s production of an un-reviewed 290,000 page electronic file containing large amounts of irrelevant ...

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When Michael Brown, a real estate investor who has accused two businessmen of defrauding him out of more than $2 million, received tax returns and bank records from the pair he was hoping to get some clues about what happened to his money.

Tagged with: Bank Records Business Court discovery Judge Adam Conrad Redactions Tax Records

Brown v. Secor (Lawyers Weekly No. 020-072-17, 35 pp.) (Adam Conrad, J.) 2017 NCBC 65 Holding: The court follows the reasoning of federal courts and rules that defendants may not make unilateral redactions to their tax returns (except for identifying ...

Tagged with: discovery