§ 90-21.44. Scope of discovery. - North Carolina Statutes

§ 90‑21.44.  Scopeof discovery.

(a)        In an action under this Article, evidence of the client'ssexual history is not subject to discovery, except under the followingconditions:

(1)        The client claims impairment of sexual functioning.

(2)        The psychotherapist requests a hearing prior to conductingdiscovery and makes an offer of proof of the relevancy of the evidence, and thecourt finds that the information is relevant and that the probative value ofthe history outweighs its prejudicial effect.

(b)        The court shall allow the discovery only of specificinformation or examples of the client's conduct that are determined by thecourt to be relevant. The court order shall detail the information or conductthat is subject to discovery. (1998‑213, s. 1.)