N.C. Gen. Stat. § § 42-71

Protection of threatened witnesses or affiants.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/8/2026North CarolinaEviction & Just Cause

Operative Text

N.C. Gen. Stat. § § 42-71
If proof necessary to establish the grounds for eviction depends, in whole or in part, upon the affidavits or testimony of witnesses who are not peace officers, the court may, upon a showing of prior threats of violence or acts of violence by any defendant or any other person, issue orders to protect those witnesses, including the nondisclosure of the name, address, or any other information which may identify those witnesses. (1995, c. 419, s. 1.)
Source: Legislative text reproduced verbatim
Plain English

Under N.C. Gen. Stat. § 42-71, when an eviction case relies on testimony or affidavits from non-law-enforcement witnesses, a court has the authority to shield those witnesses from potential harm. If there is evidence that a defendant or another person has previously threatened or committed acts of violence, the court may issue protective orders that can include keeping the witness's name, address, and other identifying details out of the record. This provision recognizes that civilian witnesses in eviction proceedings may face unique safety risks and gives courts a tool to address those risks.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Landlords and property managers relying on civilian witnesses—such as neighbors or building staff—to support eviction proceedings under N.C. Gen. Stat. § 42-71 should be aware that those witnesses may be eligible for court-ordered protection if prior threats or violence are documented. A compliant operator generally preserves any evidence of threats or violent acts directed at witnesses so that a protection request can be supported if needed. Understanding this provision helps operators anticipate that witness-identifying information may be withheld from the record in appropriate cases.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.C. Gen. Stat. § 42-71 gives tenants and other parties notice that courts can restrict access to witness-identifying information in eviction cases where safety concerns are documented. If you are a witness in such a proceeding and have experienced threats or violence, this provision establishes a legal pathway through the court to seek a protective order. Tenant-rights organizations and legal aid offices can help individuals understand how this protection may apply in a given eviction proceeding.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
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Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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Fetched:Oct 8, 2026, 01:23 AM UTC