NC General Statutes

N.C. Gen. Stat. § 114-2.1 (2026)

Consent judgments

✓ current as of July 2026

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In litigation in which the State is interested or is a party, no consent judgment shall be entered into by the State unless and no consent judgment shall be binding on the State except to the extent that the State's entire obligation for the current and for future fiscal years will be satisfied with funds that are available for that purpose for the current fiscal year, including funds that the Council of State agrees to allot from the Contingency and Emergency Fund, provided that for payments of tort claims and workers' compensation claims it shall not be binding on the State except to the extent that the State's entire obligation for the current and for future fiscal years can be satisfied with funds that are available for the current fiscal year, including funds that the Council of State agrees to allot from the Contingency and Emergency Fund. The Director of the Budget shall report to the appropriation committees of the General Assembly concerning all funds made available during the preceding fiscal year from the Contingency and Emergency Fund for the purpose of carrying out consent judgments. (1981 (Reg. Sess., 1982), c. 1282, s. 51; 1983 (Reg. Sess., 1984), c. 1034, s. 95; c. 1116, s. 85.)

Notes of Decisions

Cited in 3 cases, 1994–2020 · leading case: New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020).

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New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020). · cites it 3× “§ 114-2 (2019), and authority regarding settlements to which the State is a party, N.C.G.S. § 114-2.1, -2.4 (2019). The Attorney General thus appears to have the authority to settle legal claims that the State may have against private parties, or that private parties may have…”

Small v. Hunt, 858 F. Supp. 510 (E.D.N.C. 1994). “In March of 1989 it was approved by the General Assembly in Chapter 8,1989 Session Laws, which provides in part: Notwithstanding GS 114-2.1, the settlement agreement entered into by the parties on December 20, 1988, in the cases of Small v.”

New Hanover Cty. Bd. of Educ. v. Stein (N.C. 2020). “, dissenting § 114-2.1, -2.4 (2019). The Attorney General thus appears to have the authority to settle legal claims that the State may have against private parties, or that private parties may have against the State.”

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