Stated responses · the 26(c) lever · the trial-prep shield
Respond & protect (North Carolina)
North Carolina runs the classic regime — no anti-boilerplate rule to cite, so the discipline is built from the response rules themselves and enforced through Rule 37. The proportionality lever is the protective order.
The objection discipline — stated honestly
G.S. 1A-1, Rules 33, 34, 37
- Responses must be stated — Rule 33 answers under oath, Rule 34 written responses stating that inspection will be permitted or the objection's reasons.
- The 30-day clocks are in the deadline registry (Rules 33/34/36; the defendant's 45-days-after-summons alternative rides along).
- Rule 36 is self-executing: silence ADMITS the matter.
- There is NO 193.2-style anti-boilerplate rule to cite — the lever against laundry-list objections is the motion to compel + Rule 37 expenses, and the deficiency matrix builds that record request by request.
The protective order — NC's proportionality lever
G.S. 1A-1, Rule 26(c)
- Motion by a party OR by the person from whom discovery is sought.
- FOR GOOD CAUSE SHOWN — the movant carries the showing; a bare objection is not a protective order.
- The judge may make ANY ORDER WHICH JUSTICE REQUIRES to protect from annoyance, embarrassment, oppression, or undue burden or expense — scope limits, terms, methods, sealing.
Trial preparation — the shield with an unbuyable core
G.S. 1A-1, Rule 26(b)(3)
- Documents and tangible things prepared in anticipation of litigation or for trial are discoverable only on a showing of substantial need + inability to obtain the equivalent without undue hardship.
- The court protects against disclosure of mental impressions, conclusions, opinions, and legal theories — the core is not buyable with a hardship showing.