(a) Scope. A requestto inspect, examine, or copy a public record that is also trial preparationmaterial is governed by this section, and, to the extent this section conflictswith any other provision of law, this section applies.
(b) Right to DenyAccess. Except as otherwise provided in this section, a custodian may denyaccess to a public record that is also trial preparation material. If thedenial is based on an assertion that the public record is trial preparationmaterial that was prepared in anticipation of a legal proceeding that has notcommenced, the custodian shall, upon request, provide a written justificationfor the assertion that the public record was prepared in anticipation of alegal proceeding.
(c) Trial PreparationMaterial Prepared in Anticipation of a Legal Proceeding. Any person who isdenied access to a public record that is also claimed to be trial preparationmaterial that was prepared in anticipation of a legal proceeding that has not yetbeen commenced may petition the court pursuant to G.S. 132‑9 fordetermination as to whether the public record is trial preparation materialthat was prepared in anticipation of a legal proceeding.
(d) During a LegalProceeding.
(1) When a legal proceedingis subject to G.S. 1A‑1, Rule 26(b)(3), or subject to Rule 26(b)(3) ofthe Federal Rules of Civil Procedure, a party to the pending legal proceeding,including any appeals and postjudgment proceedings, who is denied access to apublic record that is also claimed to be trial preparation material thatpertains to the pending proceeding may seek access to such record only bymotion made in the pending legal proceeding and pursuant to the procedural andsubstantive standards that apply to that proceeding. A party to the pendinglegal proceeding may not directly or indirectly commence a separate proceedingfor release of such record pursuant to G.S. 132‑9 in any other court ortribunal.
(2) When a legalproceeding is not subject to G.S. 1A‑1, Rule 26(b)(3), and not subject toRule 26(b)(3) of the Federal Rules of Civil Procedure, a party to the pendinglegal proceeding, including any appeals and postjudgment proceedings, who isdenied access to a public record that is also claimed to be trial preparation materialthat pertains to the pending legal proceeding may petition the court pursuantto G.S. 132‑9 for access to such record. In determining whether torequire the custodian to provide access to all or any portion of the record,the court or other tribunal shall apply the provisions of G.S. 1A‑1, Rule26(b)(3).
(3) Any person who isdenied access to a public record that is also claimed to be trial preparationmaterial and who is not a party to the pending legal proceeding to which suchrecord pertains, and who is not acting in concert with or as an agent for anyparty to the pending legal proceeding, may petition the court pursuant to G.S.132‑9 for a determination as to whether the public record is trialpreparation material.
(e) Following a LegalProceeding. Upon the conclusion of a legal proceeding, including thecompletion of all appeals and postjudgment proceedings, or, in the case whereno legal proceeding has been commenced, upon the expiration of all applicablestatutes of limitations and periods of repose, the custodian of a public recordthat is also claimed to be trial preparation material shall permit theinspection, examination, or copying of such record if any law that isapplicable so provides.
(f) Effect ofDisclosure. Disclosure pursuant to this section of all or any portion of apublic record that is also trial preparation material, whether voluntary orpursuant to an order issued by a court, or issued by an officer in anadministrative or quasi‑judicial legal proceeding, shall not constitute awaiver of the right to claim that any other document or record constitutestrial preparation material.
(g) Trial PreparationMaterials That Are Not Public Records. This section does not requiredisclosure, or authorize a court to require disclosure, of trial preparationmaterial that is not also a public record or that is under other provisions ofthis Chapter exempted or protected from disclosure by law or by an order issuedby a court, or by an officer in an administrative or quasi‑judicial legalproceeding.
(h) Definitions. Asused in this section, the following definitions apply:
(1) Legal proceeding. Civil proceedings in any federal or State court. Legal proceeding also includesany federal, State, or local government administrative or quasi‑judicialproceeding that is not expressly subject to the provisions of Chapter 1A of theGeneral Statutes or the Federal Rules of Civil Procedure.
(2) Trial preparationmaterial. Any record, wherever located and in whatever form, that is trialpreparation material within the meaning of G.S. 1A‑1, Rule 26(b)(3), anycomparable material prepared for any other legal proceeding, and any comparablematerial exchanged pursuant to a joint defense, joint prosecution, or jointinterest agreement in connection with any pending or anticipated legalproceeding. (2005‑332,s. 1; 2005‑414, s. 4.)
(a) Scope. A requestto inspect, examine, or copy a public record that is also trial preparationmaterial is governed by this section, and, to the extent this section conflictswith any other provision of law, this section applies.
(b) Right to DenyAccess. Except as otherwise provided in this section, a custodian may denyaccess to a public record that is also trial preparation material. If thedenial is based on an assertion that the public record is trial preparationmaterial that was prepared in anticipation of a legal proceeding that has notcommenced, the custodian shall, upon request, provide a written justificationfor the assertion that the public record was prepared in anticipation of alegal proceeding.
(c) Trial PreparationMaterial Prepared in Anticipation of a Legal Proceeding. Any person who isdenied access to a public record that is also claimed to be trial preparationmaterial that was prepared in anticipation of a legal proceeding that has not yetbeen commenced may petition the court pursuant to G.S. 132‑9 fordetermination as to whether the public record is trial preparation materialthat was prepared in anticipation of a legal proceeding.
(d) During a LegalProceeding.
(1) When a legal proceedingis subject to G.S. 1A‑1, Rule 26(b)(3), or subject to Rule 26(b)(3) ofthe Federal Rules of Civil Procedure, a party to the pending legal proceeding,including any appeals and postjudgment proceedings, who is denied access to apublic record that is also claimed to be trial preparation material thatpertains to the pending proceeding may seek access to such record only bymotion made in the pending legal proceeding and pursuant to the procedural andsubstantive standards that apply to that proceeding. A party to the pendinglegal proceeding may not directly or indirectly commence a separate proceedingfor release of such record pursuant to G.S. 132‑9 in any other court ortribunal.
(2) When a legalproceeding is not subject to G.S. 1A‑1, Rule 26(b)(3), and not subject toRule 26(b)(3) of the Federal Rules of Civil Procedure, a party to the pendinglegal proceeding, including any appeals and postjudgment proceedings, who isdenied access to a public record that is also claimed to be trial preparation materialthat pertains to the pending legal proceeding may petition the court pursuantto G.S. 132‑9 for access to such record. In determining whether torequire the custodian to provide access to all or any portion of the record,the court or other tribunal shall apply the provisions of G.S. 1A‑1, Rule26(b)(3).
(3) Any person who isdenied access to a public record that is also claimed to be trial preparationmaterial and who is not a party to the pending legal proceeding to which suchrecord pertains, and who is not acting in concert with or as an agent for anyparty to the pending legal proceeding, may petition the court pursuant to G.S.132‑9 for a determination as to whether the public record is trialpreparation material.
(e) Following a LegalProceeding. Upon the conclusion of a legal proceeding, including thecompletion of all appeals and postjudgment proceedings, or, in the case whereno legal proceeding has been commenced, upon the expiration of all applicablestatutes of limitations and periods of repose, the custodian of a public recordthat is also claimed to be trial preparation material shall permit theinspection, examination, or copying of such record if any law that isapplicable so provides.
(f) Effect ofDisclosure. Disclosure pursuant to this section of all or any portion of apublic record that is also trial preparation material, whether voluntary orpursuant to an order issued by a court, or issued by an officer in anadministrative or quasi‑judicial legal proceeding, shall not constitute awaiver of the right to claim that any other document or record constitutestrial preparation material.
(g) Trial PreparationMaterials That Are Not Public Records. This section does not requiredisclosure, or authorize a court to require disclosure, of trial preparationmaterial that is not also a public record or that is under other provisions ofthis Chapter exempted or protected from disclosure by law or by an order issuedby a court, or by an officer in an administrative or quasi‑judicial legalproceeding.
(h) Definitions. Asused in this section, the following definitions apply:
(1) Legal proceeding. Civil proceedings in any federal or State court. Legal proceeding also includesany federal, State, or local government administrative or quasi‑judicialproceeding that is not expressly subject to the provisions of Chapter 1A of theGeneral Statutes or the Federal Rules of Civil Procedure.
(2) Trial preparationmaterial. Any record, wherever located and in whatever form, that is trialpreparation material within the meaning of G.S. 1A‑1, Rule 26(b)(3), anycomparable material prepared for any other legal proceeding, and any comparablematerial exchanged pursuant to a joint defense, joint prosecution, or jointinterest agreement in connection with any pending or anticipated legalproceeding. (2005‑332,s. 1; 2005‑414, s. 4.)
(a) Scope. A requestto inspect, examine, or copy a public record that is also trial preparationmaterial is governed by this section, and, to the extent this section conflictswith any other provision of law, this section applies.
(b) Right to DenyAccess. Except as otherwise provided in this section, a custodian may denyaccess to a public record that is also trial preparation material. If thedenial is based on an assertion that the public record is trial preparationmaterial that was prepared in anticipation of a legal proceeding that has notcommenced, the custodian shall, upon request, provide a written justificationfor the assertion that the public record was prepared in anticipation of alegal proceeding.
(c) Trial PreparationMaterial Prepared in Anticipation of a Legal Proceeding. Any person who isdenied access to a public record that is also claimed to be trial preparationmaterial that was prepared in anticipation of a legal proceeding that has not yetbeen commenced may petition the court pursuant to G.S. 132‑9 fordetermination as to whether the public record is trial preparation materialthat was prepared in anticipation of a legal proceeding.
(d) During a LegalProceeding.
(1) When a legal proceedingis subject to G.S. 1A‑1, Rule 26(b)(3), or subject to Rule 26(b)(3) ofthe Federal Rules of Civil Procedure, a party to the pending legal proceeding,including any appeals and postjudgment proceedings, who is denied access to apublic record that is also claimed to be trial preparation material thatpertains to the pending proceeding may seek access to such record only bymotion made in the pending legal proceeding and pursuant to the procedural andsubstantive standards that apply to that proceeding. A party to the pendinglegal proceeding may not directly or indirectly commence a separate proceedingfor release of such record pursuant to G.S. 132‑9 in any other court ortribunal.
(2) When a legalproceeding is not subject to G.S. 1A‑1, Rule 26(b)(3), and not subject toRule 26(b)(3) of the Federal Rules of Civil Procedure, a party to the pendinglegal proceeding, including any appeals and postjudgment proceedings, who isdenied access to a public record that is also claimed to be trial preparation materialthat pertains to the pending legal proceeding may petition the court pursuantto G.S. 132‑9 for access to such record. In determining whether torequire the custodian to provide access to all or any portion of the record,the court or other tribunal shall apply the provisions of G.S. 1A‑1, Rule26(b)(3).
(3) Any person who isdenied access to a public record that is also claimed to be trial preparationmaterial and who is not a party to the pending legal proceeding to which suchrecord pertains, and who is not acting in concert with or as an agent for anyparty to the pending legal proceeding, may petition the court pursuant to G.S.132‑9 for a determination as to whether the public record is trialpreparation material.
(e) Following a LegalProceeding. Upon the conclusion of a legal proceeding, including thecompletion of all appeals and postjudgment proceedings, or, in the case whereno legal proceeding has been commenced, upon the expiration of all applicablestatutes of limitations and periods of repose, the custodian of a public recordthat is also claimed to be trial preparation material shall permit theinspection, examination, or copying of such record if any law that isapplicable so provides.
(f) Effect ofDisclosure. Disclosure pursuant to this section of all or any portion of apublic record that is also trial preparation material, whether voluntary orpursuant to an order issued by a court, or issued by an officer in anadministrative or quasi‑judicial legal proceeding, shall not constitute awaiver of the right to claim that any other document or record constitutestrial preparation material.
(g) Trial PreparationMaterials That Are Not Public Records. This section does not requiredisclosure, or authorize a court to require disclosure, of trial preparationmaterial that is not also a public record or that is under other provisions ofthis Chapter exempted or protected from disclosure by law or by an order issuedby a court, or by an officer in an administrative or quasi‑judicial legalproceeding.
(h) Definitions. Asused in this section, the following definitions apply:
(1) Legal proceeding. Civil proceedings in any federal or State court. Legal proceeding also includesany federal, State, or local government administrative or quasi‑judicialproceeding that is not expressly subject to the provisions of Chapter 1A of theGeneral Statutes or the Federal Rules of Civil Procedure.
(2) Trial preparationmaterial. Any record, wherever located and in whatever form, that is trialpreparation material within the meaning of G.S. 1A‑1, Rule 26(b)(3), anycomparable material prepared for any other legal proceeding, and any comparablematerial exchanged pursuant to a joint defense, joint prosecution, or jointinterest agreement in connection with any pending or anticipated legalproceeding. (2005‑332,s. 1; 2005‑414, s. 4.)
