NC General Statutes

N.C. Gen. Stat. § 1-597 (2026)

Regulations for newspaper publication of legal notices, advertisements, etc

✓ current as of July 2026
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(a) Whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina, heretofore or hereafter enacted, or by any order or judgment of any court of this State to be published or advertised in a newspaper, such publication, advertisement or notice shall be of no force and effect unless it shall be published in a newspaper with a general circulation to actual paid subscribers which newspaper at the time of such publication, advertisement or notice, shall have been admitted to the United States mails in the Periodicals class in the county or political subdivision where such publication, advertisement or notice is required to be published, and which shall have been regularly and continuously issued in the county in which the publication, advertisement or notice is authorized or required to be published, at least one day in each calendar week for at least 25 of the 26 consecutive weeks immediately preceding the date of the first publication of such advertisement, publication or notice; provided that in the event that a newspaper otherwise meeting the qualifications and having the characteristics prescribed by G.S. 1-597 to 1-599, should fail for a period not exceeding four weeks in any calendar year to publish one or more of its issues such newspaper shall nevertheless be deemed to have complied with the requirements of regularity and continuity of publication prescribed herein. Provided further, that where any city or town is located in two or more adjoining counties, any newspaper published in such city or town shall, for the purposes of G.S. 1-597 to 1-599, be deemed to be admitted to the mails, issued and published in all such counties in which such town or city of publication is located, and every publication, advertisement or notice required to be published in any such city or town or in any of the counties where such city or town is located shall be valid if published in a newspaper published, issued and admitted to the mails anywhere within any such city or town, regardless of whether the newspaper's plant or the post office where the newspaper is admitted to the mails is in such county or not, if the newspaper otherwise meets the qualifications and requirements of G.S. 1-597 to 1-599. This provision shall be retroactive to May 1, 1940, and all publications, advertisements and notices published in accordance with this provision since May 1, 1940, are hereby validated.

(b) Notwithstanding the provisions of G.S. 1-599, whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina, heretofore or hereafter enacted, or by any order or judgment of any court of this State to be published or advertised in a newspaper qualified for legal advertising in a county and there is no newspaper qualified for legal advertising as defined in this section in such county, then it shall be deemed sufficient compliance with such laws, order or judgment by publication of such notice or any other such paper, document or legal advertisement of any kind or description in a newspaper published in an adjoining county or in a county within the same district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be; provided, if the clerk of the superior court finds as a fact that such newspaper otherwise meets the requirements of this section and has a general circulation in such county where no newspaper is published meeting the requirements of this section.

(c) Whenever a notice or any other paper, document, or legal advertisement of any kind or description is required to be published in a jurisdiction outside of North Carolina where legal notices are customarily published in specialized legal publications, any form of publication which meets the requirements for legal notices under the law of the locality where it is published shall be deemed sufficient under this section. (1939, c. 170, s. 1; 1941, c. 96; 1959, c. 350; 1985, c. 689, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 41; 1997-9, s. 1; 2019-172, s. 10.)

 

Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1965–2025 · leading case: Great S. Media, Inc. v. McDowell Cnty., 284 S.E.2d 457 (N.C. 1981).
Great S. Media, Inc. v. McDowell Cnty., 284 S.E.2d 457 (N.C. 1981). · cites it 34× “The principal question presented on this appeal is whether The Old Fort Dispatch, a weekly newspaper published in McDowell County, qualifies under the "general circulation" provisions of G.S. 1-597 [1] and G.S. 105-369(d) [2] for publication of notices of ad *460 valorem tax…”
Haas v. Warren, 459 S.E.2d 254 (N.C. 1995). · cites it 18× “dvertising costs of The Franklin Times; that defendants had always advertised foreclosure notices for land located in Franklin County in The Franklin Times and that this was also the accepted practice among other attorneys in the community; and that an associate in the firm…”
Haas v. Warren, 436 S.E.2d 259 (N.C. Ct. App. 1993). · cites it 10× “He admitted that he did not find and was not aware of N.C. Gen. Stat. § 1-597 which states that a legal notice which is required to be advertised in a newspaper shall have no effect unless it is published in a newspaper which has “been admitted to the United States mails as…”
In re M.M., 200 N.C. App. 248 (N.C. Ct. App. 2009). “The notice shall be published in a newspaper qualified for legal advertising in accordance with G.S. 1-597 and G.S. 1-598 and published in the counties directed by the court, once a week for three successive weeks.”
In Re Mm, 684 S.E.2d 463 (N.C. Ct. App. 2009). “The notice shall be published in a newspaper qualified for legal advertising in accordance with G.S. 1-597 and G.S. 1-598 and published in the counties directed by the court, once a week for three successive weeks.”
Cnty. of Wayne Ex Rel. Williams v. Whitley, 323 S.E.2d 458 (N.C. Ct. App. 1984). “The plaintiff filed an affidavit dated 18 May 1979 stating that the defendant had been served by publication according to G.S. 1-597. One year and one month later, on 18 June 1980, District Court Judge Kenneth Ellis entered an order against the defendant finding that the…”
Jones v. Wallis, 712 S.E.2d 180 (N.C. Ct. App. 2011). “Except in actions involving jurisdiction in rem or quasi in rem as provided in section (k), service of process by publication shall consist of publishing a notice of service of process by publication once a week for three successive weeks in a newspaper that is qualified for…”
Dowd v. Johnson, 760 S.E.2d 79 (N.C. Ct. App. 2014). “Except in actions involving jurisdiction in rem or quasi in rem as provided in section (k), service of process by publication shall consist of publishing a notice of service of process by publication once a week for three successive weeks in a newspaper that is qualified for…”
Sink v. Easter, 202 S.E.2d 138 (N.C. 1974). “Service of process by publication shall consist of publishing a notice of sérvice of process by publication in a newspaper qualified for legal advertising in accordance with G.S. 1-597, 1-598, and published in the county where the action is pending or, if no qualified newspaper…”
Harrison v. Hanvey, 143 S.E.2d 593 (N.C. 1965). “1-99(1), the requirement has been that the clerk make an order for service of process by publication “in a designated newspaper, which newspaper must be one qualified for legal advertising pursuant to G.S. 1-597.” Notwithstanding the omission of the statutory requirement that…”
Snead v. Foxx, 406 S.E.2d 829 (N.C. 1991). “1-598 and circulated in the area where the party to be served is believed by the serving party to be located, or, if there is no reliable information concerning the location of the party then in a newspaper circulated in the county where the action is pending.”
Kbt Realty Servs., Inc. v. Appycity, LLC, 2021 NCBC 47 (N.C. Bus. Ct. 2021). “) The Court found in the Default Order that the Notice of Service of Process by Publication met the requirements set forth in Rule 4(j1) and sections 1-597 and 1- 598 of the North Carolina General Statutes for service of process by publication.”
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