On October 1, 2011, changes to the North Carolina Rules of Civil Procedure will bring E-Discovery to North Carolina state courts. The rule changes largely mirror the 2006 Amendments to the Federal Rules of Civil Procedure, with a few significant modifications.

Discovery Plans: Either party to a case now has the right to require the development of a discovery plan, which extends to all discovery in the case (not just E-Discovery). The parties are required to meet and discuss the possibility of settlement and the preparation of a discovery plan which addresses discovery of electronically stored information (“ESI”), production of ESI, discovery limitations or phasing, and the deadline for completion of all discovery.