NC General Statutes
N.C. Gen. Stat. § 1-149 (2026)
When verification omitted; use in criminal prosecutions
✓ current as of July 2026
Find cases:
SyfertCases citing this section
NCLEGncleg.gov (official)
JustiaChapter 1
CornellLII Search
CasesGoogle Scholar
The verification may be omitted when an admission of the truth of the allegation might subject the party to prosecution for felony. No pleading can be used in a criminal prosecution against the party as proof of a fact admitted or alleged in it. (C.C.P., s. 117; 1868-9, c. 159, s. 7; Code, s. 258; Rev., s. 493; C.S., s. 533.)
§§ 1-150 through 1-160. Repealed by Session Laws 1967, c. 954, s. 4.
Article 18.
Amendments.
§§ 1-161 through 1-163. Repealed by Session Laws 1967, c. 954, s. 4.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1946–2022 · leading case: State v. Young, 775 S.E.2d 291 (N.C. 2015).
State v. Young, 775 S.E.2d 291 (N.C. 2015). “On 1 April 2014, the Court of Appeals filed an opinion holding that the trial court had committed prejudicial error by admitting evidence concerning the complaint and default judgments in the wrongful death and declaratory judgment action and the complaint in the child custody…”
State v. Young, 756 S.E.2d 768 (N.C. Ct. App. 2014). “Defendant also argues that introducmg the child custody complaint into evidence against Defendant was reversible error.”
In re E.D., 827 S.E.2d 450 (N.C. 2019). “As a result, since defendant did not object to the admission of evidence concerning the wrongful death and declaratory judgment complaint and default judgments on the basis of N.C.G.S. § 1-149, he is not entitled to challenge the admission of this evidence as violative of that…”
State v. . McNair, 38 S.E.2d 514 (N.C. 1946). “Tbe only exceptions which seem to merit attention are those addressed to tbe cross-examination of tbe defendant concerning tbe gravamen of bis complaint in tbe civil action brought by him against Hattie C.”
State v. Joyner (N.C. Ct. App. 2022). “Thus, we conclude Defendant had “a similar motive to develop [Meeks’s] testimony by direct, cross, or redirect examination” at the civil hearing on the no-contact order as he would have possessed at the criminal trial. N.C.”
State v. Joyner (N.C. Ct. App. 2022). “Thus, we conclude Defendant had “a similar motive to develop [Meeks’s] testimony by direct, cross, or redirect examination” at the civil hearing on the no-contact order as he would have possessed at the criminal trial. N.C.”
State v. . Phillips, 41 S.E.2d 766 (N.C. 1947). “” G. S., 1-149; S. v. McNair, 226 N. C., 462 .”
In the Matter of J.S.B., 644 S.E.2d 580 (N.C. Ct. App. 2007). “We note in passing that respondent's position would compel application of the "beyond a reasonable doubt" standard in many termination cases, since frequently the conduct at issue would also constitute a crime.”
State v. Sellers, 776 S.E.2d 898 (N.C. Ct. App. 2015). “Based on the foregoing evidence, even if the trial court would have allowed Isom's report into evidence, defendant has failed to prove that a different result would have been reached at trial. c.) Use of Documents From a Previous Civil Litigation Matter Finally, defendant argues…”
In the Matter of Jsb, 644 S.E.2d 580 (N.C. Ct. App. 2007). “836, 836-37 (1933) (internal quotation marks and citation omitted); see also N.C. Gen.Stat. § 1-149 (2005) ("No [civil] pleading can be used in a criminal prosecution against the party as proof of a fact admitted or alleged in it.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.