How the Discovery Process Works in North Carolina Civil Cases: Obligations, Rights, and Why It Matters

If you are involved in a North Carolina civil lawsuit—whether in Charlotte and Mecklenburg County, Raleigh (Wake County), Durham, Greensboro, Winston-Salem, Wilmington, Fayetteville, Asheville, or anywhere else across the state—discovery will be one of the most important phases of your case.

Discovery is where lawsuits are truly developed, evaluated, and often resolved. It is also where many litigants misunderstand their obligations and underestimate the equal rights both sides have to demand information.

Below is a North Carolina–specific, plain-English guide to how the civil discovery process works, what each side is required to do, and why discovery rights apply equally to plaintiffs and defendants.

This article is for general informational purposes only and is not legal advice.

What Is Discovery in a North Carolina Civil Lawsuit?

Discovery is the formal legal process by which parties to a lawsuit obtain information from one another and from third parties. In North Carolina, discovery is governed primarily by Rules 26 through 37 of the North Carolina Rules of Civil Procedure.

The purpose of discovery is to:

·       prevent trial by surprise,

·       allow each side to evaluate the strengths and weaknesses of the case,

·       narrow the issues for trial,

·       encourage settlement based on facts—not guesses.

Discovery begins after the Complaint and Answer are filed and typically continues until shortly before trial.

Discovery Is a Two-Way Street in North Carolina

One of the most important—and often misunderstood—principles of North Carolina discovery law is this:

Both sides have equal rights to conduct discovery.

·       Plaintiffs do not control discovery simply because they filed the lawsuit.

·       Defendants have the same right to demand documents, testimony, and written answers.

·       The rules apply equally, regardless of who initiated the case.

If you file a lawsuit in North Carolina, you must be prepared to produce information, testify, and respond fully, just as you expect the other side to do.

Common Discovery Tools in North Carolina Civil Cases

 

1. Interrogatories (Written Questions)

Interrogatories are written questions that must be answered in writing and under oath.

·       Typically limited in number (unless expanded by agreement or court order)

·       Used to identify witnesses, facts, damages, and defenses

·       Answers must be complete and truthful—not evasive

Both plaintiffs and defendants may serve interrogatories.

2. Requests for Production of Documents

Requests for Production require a party to produce documents and electronically stored information, such as:

·       emails and text messages,

·       contracts and business records,

·       medical records,

·       photographs and videos,

·       social media content (when relevant).

A party must:

·       conduct a reasonable search,

·       produce responsive, non-privileged materials,

·       and identify what is being withheld and why (privilege).

3. Depositions

Depositions are sworn testimony taken outside of court before a court reporter (and often on video).

Depositions may be taken of:

·       parties to the lawsuit,

·       corporate representatives,

·       employees and former employees,

·       expert witnesses,

·       and non-party witnesses by subpoena.

Depositions are one of the most powerful discovery tools and often shape settlement value and trial strategy.

4. Requests for Admission

Requests for Admission ask the opposing party to admit or deny specific facts or the authenticity of documents.

·       Unanswered requests may be deemed admitted

·       Often used to narrow issues for trial

·       Frequently used before summary judgment motions

5. Subpoenas to Third Parties

Discovery is not limited to the parties themselves.

North Carolina law allows subpoenas to:

·       employers,

·       banks,

·       medical providers,

·       contractors,

·       phone companies,

·       and other third parties with relevant information.

The Scope of Discovery in North Carolina

North Carolina follows a broad discovery standard.

Parties may obtain discovery regarding:

·       any matter relevant to the claims or defenses,

·       information reasonably calculated to lead to admissible evidence.

Limits on discovery

Discovery is not unlimited. Courts may restrict discovery that is:

·       irrelevant,

·       unduly burdensome,

·       duplicative,

·       privileged (attorney-client or work product),

·       or intended to harass.

Protective orders may be issued to balance fairness and proportionality.

Discovery Obligations: What Each Side Must Do

Obligation to Respond Fully and Truthfully

Each party must:

·       respond on time,

·       answer completely and honestly,

·       avoid evasive or misleading responses.

Incomplete or dishonest discovery responses can result in sanctions.

Obligation to Preserve Evidence

Once litigation is anticipated or filed, parties have a duty to:

·       preserve relevant documents and data,

·       stop routine deletion of emails or records,

·       avoid altering or destroying evidence.

Failure to preserve evidence (spoliation) can severely damage a case.

Obligation to Supplement Discovery

If new information becomes available, parties may be required to supplement or update prior responses.

Discovery is an ongoing duty—not a one-time event.

Equal Rights Mean Equal Exposure

A critical reality of North Carolina litigation is this:

·       If you demand discovery, you must provide discovery.

·       If you ask questions, you must answer questions.

·       If you seek documents, you must produce documents.

This applies equally to:

·       individuals and businesses,

·       plaintiffs and defendants,

·       small claims and complex civil actions.

Many litigants are surprised to learn that filing a lawsuit opens their own records, communications, and conduct to scrutiny.

Discovery Disputes and Court Intervention

Discovery disagreements are common and may involve:

·       objections to scope or relevance,

·       privilege disputes,

·       incomplete responses,

·       refusal to produce documents.

When disputes cannot be resolved informally, parties may file:

·       motions to compel,

·       motions for protective orders,

·       motions for sanctions.

Judges in Mecklenburg, Wake, Durham, Guilford, New Hanover, and Buncombe Counties increasingly expect lawyers to cooperate and will penalize unreasonable discovery conduct.

Why Experienced Legal Counsel Matters in Discovery

Discovery is where many cases are won or lost, long before trial.

An experienced North Carolina litigation attorney will:

·       craft targeted discovery requests,

·       identify damaging evidence early,

·       protect privileged information,

·       ensure compliance with deadlines,

·       respond strategically rather than reactively,

·       and position the case for settlement, summary judgment, or trial.

Poorly handled discovery can:

·       destroy credibility,

·       eliminate settlement leverage,

·       expose damaging admissions,

·       or result in court-imposed sanctions.

Discovery and Case Value in North Carolina

In real-world North Carolina litigation:

·       strong discovery increases settlement value,

·       weak or inconsistent discovery responses reduce leverage,

·       admissions can end cases early,

·       clean discovery supports trial success.

This is especially true in personal injury, auto and trucking accidents, business and commercial disputes, construction litigation, employment cases, and professional negligence claims.

Key Takeaways: North Carolina Civil Discovery

·       Discovery is the evidence-gathering phase of a lawsuit

·       Both sides have equal rights and equal obligations

·       The scope is broad but not unlimited

·       Compliance is mandatory—not optional

·       Discovery strategy often determines the outcome

·       Experienced counsel makes a critical difference

Need Help Navigating Discovery in a North Carolina Lawsuit?

If your case involves discovery in Charlotte, Raleigh, Greensboro, Wilmington, Asheville, or anywhere else in North Carolina, working with an experienced civil litigation attorney can mean the difference between:

·       control and chaos,

·       leverage and exposure,

·       early resolution and costly trial risk.