You’ve undoubtedly prevailed in a federal case — either at summary judgment or after a trial — and you have probably struggled with what you are entitled to recover as costs under 28 U.S.C. §1920. And recently, your client, being the victor, most likely has asked about the recovery of its costs associated with
Subpoenas To Non-Parties: A Few Ground Rules
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If you are in NC state court and want to take the deposition of an out-of-state non-party, the Order last week in Out of the Box Developers, LLC v. Logicbit Corp. carries a few lessons.
Serving A Subpoena. You can’t serve a subpoena on a non-party through their counsel unless they are authorized to
How NOT to Quash An Out Of State Subpoena
You’ve gone through the laborious process of getting a subpoena issued in another state for production of documents. You’ve had a commission issued by the Superior Court and you’ve hired out-of-state counsel to get the subpoena.
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But now, opposing counsel shows up in North Carolina Superior Court and moves to quash the subpoena issued in
Motion to Compel Yields in Camera Review of Discovery to Bank
The Order on the Motion to Compel last week in WNC Holdings, LLC v. Alliance Bank & Trust Co. will be of particular interest to lawyers in litigation with banks.
The case deals mainly with the discoverability of a bank’s "compliance review documents." Those are defined by statute as "documents prepared for or created by
Business Court Rules On Multiple Discovery Issues, Including: Validity Of Subpoena, Deposing Opposing Counsel, And Need For A Motion For A Protective Order
There haven’t been a lot of opinions from the Business Court on Motions to Compel, but yesterday there were two, both from Judge Murphy. In the first, Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC, 2012 NCBC 45, the Judge found a general objection insufficient to withstand the Motion to Compel
On Expert Witnesses, Confidential Material, And Protective Orders
Protective Orders usually list those persons who can view documents that are designated "confidential": like counsel of record and their staff, designated business representatives of the client, court reporters, and experts.
Sometimes information can be so sensitive that the producing party doesn’t want to share it with an expert. A well-designed Protective Order can deal
Be Careful Before Going Paperless For An In Camera Review
Judges don’t like to do in camera reviews of documents. Part of the reason is the quantity of documents involved. There was an Order from Judge Tennille a couple of years ago in which the Judge chastised the parties for submitting notebooks filled with repetitive paper copies of emails which the Defendant claimed were privileged.
North Carolina’s Revised Rules Of Civil Procedure Regarding ESI
Revisions to the North Carolina Rules of Civil Procedure became effective to actions filed on or after October 1, 2011. A blacklined version showing the changes wrought by a law titled an "Act to clarify the procedure for discovery of electronically stored information and to make conforming changes to the North Carolina Rules of Civil
Business Court Orders Japanese CEO To Appear In the U.S. For Deposition
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example, where and when will the officers of an out of state corporate defendant appear for their depositions. And what about an out of country defendant? Can you make their representatives appear in the United States for a deposition if you can’t persuade opposing counsel to
Work Product Protection For Communications Between Lawyers And Expert Witnesses Coming Next Month Under Revised Federal Rules of Civil Procedure
Until December 10, 2010, lawyers need to remain aware that, in cases pending in federal court their communications with their retained expert witnesses and any draft reports prepared by the expert are likely to be discoverable based on a request from opposing counsel.
The expert rule changes which become effective on December 10 will give