NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 1126

SENATE BILL 1301

AN ACT AMENDING THE RULES OF CIVIL PROCEDURE TO REQUIRE A PARTY TAKING A DEPOSITION TO FURNISH A COPY TO THE OPPOSING PARTY.

The General Assembly of North Carolina enacts:

Section 1.  The third sentence of G.S. 1A-1, Rule 30(c), as the same appears in Volume 1A of the General Statutes, is stricken and there is inserted in place thereof the following:

"(c)       When transcription is requested by any party other than (1) the one taking the deposition or (2) an opposing party, the court may order the expense of transcription or a portion thereof paid by the party making the request. When transcription is requested by any opposing party, he shall be entitled to a copy thereof at the expense of the party taking the deposition; provided, however, that the court, after at least five days' notice to the opposing party requesting the copy and the party who took the deposition may, in its discretion, order that the expense of transcription or a portion thereof be paid by the opposing party by reason of the financial condition of the party who took the deposition."

Sec. 2.  G.S. 1A-1, Rule 30(f)(2), as the same appears in Volume 1A of the General Statutes, is rewritten to read as follows:

"(2)      Subject to the provisions of subsection (c) hereof and upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent."

Sec. 3.  This act shall not effect pending litigation.

Sec. 4.  This shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 3rd day of April, 1974.