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2019 North Carolina General Statutes
Chapter 8 - Evidence
Article 7D - Environmental Audit Privilege and Limited Immunity.
§ 8-58.58 - (Article has a contingent effective date see note) Burden of proof.
Universal Citation: NC Gen Stat § 8-58.58 (2019)
8-58.58. (Article has a contingent effective date - see note) Burden of proof.
A party asserting the privilege established under G.S. 8-58.53 has the burden of proving that (i) the materials claimed as privileged constitute an environmental audit report as defined by this Article, and (ii) compliance has been achieved or will be achieved within a reasonable period of time. A party seeking disclosure under G.S. 8-58.56 has the burden of proving the condition for disclosure set forth in that section.
(2015-286, s. 4.1(a).)
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