NC General Statutes

N.C. Gen. Stat. § 132-9 (2026)

Access to records

✓ current as of July 2026

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(a) Any person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order compelling disclosure or copying, and the court shall have jurisdiction to issue such orders if the person has complied with G.S. 7A-38.3E. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.

(b) In an action to compel disclosure of public records which have been withheld pursuant to the provisions of G.S. 132-6 concerning public records relating to the proposed expansion or location of particular businesses and industrial projects, the burden shall be on the custodian withholding the records to show that disclosure would frustrate the purpose of attracting that particular business or industrial project.

(c) In any action brought pursuant to this section in which a party successfully compels the disclosure of public records, the court shall allow a party seeking disclosure of public records who substantially prevails to recover its reasonable attorneys' fees if attributed to those public records. The court may not assess attorneys' fees against the governmental body or governmental unit if the court finds that the governmental body or governmental unit acted in reasonable reliance on any of the following:

(1) A judgment or an order of a court applicable to the governmental unit or governmental body.

(2) The published opinion of an appellate court, an order of the North Carolina Business Court, or a final order of the Trial Division of the General Court of Justice.

(3) A written opinion, decision, or letter of the Attorney General.

Any attorneys' fees assessed against a public agency under this section shall be charged against the operating expenses of the agency; provided, however, that the court may order that all or any portion of any attorneys' fees so assessed be paid personally by any public employee or public official found by the court to have knowingly or intentionally committed, caused, permitted, suborned, or participated in a violation of this Article. No order against any public employee or public official shall issue in any case where the public employee or public official seeks the advice of an attorney and such advice is followed.

(d) If the court determines that an action brought pursuant to this section was filed in bad faith or was frivolous, the court shall assess a reasonable attorney's fee against the person or persons instituting the action and award it to the public agency as part of the costs.

(e) Notwithstanding subsection (c) of this section, the court may not assess attorneys' fees against a public hospital created under Article 2 of Chapter 131E of the General Statutes if the court finds that the action was brought by or on behalf of a competing health care provider for obtaining information to be used to gain a competitive advantage. (1935, c. 265, s. 9; 1975, c. 787, s. 3; 1987, c. 835, s. 2; 1995, c. 388, s. 4; 2005-332, s. 2; 2010-169, s. 21(c).)

§ 132-10. Qualified exception for geographical information systems.

Geographical information systems databases and data files developed and operated by counties and cities are public records within the meaning of this Chapter. The county or city shall provide public access to such systems by public access terminals or other output devices. Upon request, the county or city shall furnish copies, in documentary or electronic form, to anyone requesting them at reasonable cost. As a condition of furnishing an electronic copy, whether on magnetic tape, magnetic disk, compact disk, or photo-optical device, a county or city may require that the person obtaining the copy agree in writing that the copy will not be resold or otherwise used for trade or commercial purposes. For purposes of this section, publication or broadcast by the news media, real estate trade associations, or Multiple Listing Services operated by real estate trade associations shall not constitute a resale or use of the data for trade or commercial purposes and use of information without resale by a licensed professional in the course of practicing the professional's profession shall not constitute use for a commercial purpose. For purposes of this section, resale at cost by a real estate trade association or Multiple Listing Services operated by a real estate trade association shall not constitute a resale or use of the data for trade or commercial purposes. (1995, c. 388, s. 5; 1997-193, s. 1.)

Notes of Decisions

Cited in 34 cases (6 in the last 5 years), 1981–2025 · leading case: Tillett v. Town of Kill Devil Hills, 809 S.E.2d 145 (N.C. Ct. App. 2017).

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Tillett v. Town of Kill Devil Hills, 809 S.E.2d 145 (N.C. Ct. App. 2017). · cites it 12× “" N.C. Gen. Stat. § 132-9 (a) (emphasis added).”

State Employees Ass'n of North Carolina, Inc. v. North Carolina Dep't of State Treasurer, 695 S.E.2d 91 (N.C. 2010). · cites it 6× “” See N.C.G.S. § 132-9(a). A second letter from the director of communications for defendant department dated 18 January 2008 addressed plaintiff’s 16 October 2007 public records request.”

McCormick v. Hanson Aggregates Se., Inc., 596 S.E.2d 431 (N.C. Ct. App. 2004). · cites it 6× “See N.C.G.S. § 132-9(a) (2003) (“[a]ny person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order compelling disclosure or…”

Charns v. Brown, 502 S.E.2d 7 (N.C. Ct. App. 1998). · cites it 9× “Petitioner’s first argument is that an action to compel disclosure of public records under N.C. Gen. Stat. § 132-9 is not a civil action but a special proceeding to which the Rules of Civil Procedure do not apply.”

Carter-Hubbard Publ'g Co. v. WRMC Hosp. Operating Corp., 633 S.E.2d 682 (N.C. Ct. App. 2006). · cites it 4× “On 8 September 2004, plaintiff filed suit, pursuant to N.C. Gen.Stat. § 132-9, seeking an order compelling defendant to disclose the contract.”

State Employees Ass'n of North Carolina, Inc. v. North Carolina Dep't of State Treasurer, 685 S.E.2d 516 (N.C. Ct. App. 2009). · cites it 16× “N.C. Gen. Stat. § 132-9 provides a cause of action when a government agency denies access to public records: Any person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate…”

Lexisnexis Risk Data Mgmt. Inc. v. Warren, 775 S.E.2d 651 (N.C. 2015). · cites it 3× “On 13 October 2011, plaintiffs filed suit in Superior Court, Wake County, seeking an order requiring production of the requested *183 materials pursuant to N.C.G.S. § 132-9(a). Plaintiffs requested that the court declare “that the ACIS database is a public document or public…”

Soter v. Cowles Publ'g Co., 162 Wash. 2d 716 (Wash. 2007). “at 876 (quoting N.C. Gen. Stat. § 132-9 (a)). The Spokesman-Review asserts that the Court of Appeals in this case treated RCW 42.”

Multimedia Publ'g of North Carolina, Inc. v. Henderson Cnty., 525 S.E.2d 786 (N.C. Ct. App. 2000). · cites it 4× “See N.C. Gen. Stat. § 132-9 (a). From the trial court’s orders denying this relief, plaintiff appeals.”

Shella v. Moon, 481 S.E.2d 363 (N.C. Ct. App. 1997). · cites it 5× “Nonetheless, we hold that she has been granted the relief she sought by initiating this action under G.S. 132-9 and her case must be dismissed.”

City of Burlington v. Boney Publishers, Inc., 600 S.E.2d 872 (N.C. Ct. App. 2004). · cites it 3× “2d at 434 (quoting N.C.G.S. § 132-9(a) (2003)) (“ ‘[a]ny person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order…”

In Re Summons Issued to Ernst & Young, LLP, 663 S.E.2d 921 (N.C. Ct. App. 2008). · cites it 2× “2d 7 (1998) (concluding statute referring to “actions” to compel disclosure of public documents under N.C. Gen. Stat. § 132-9 are civil actions).”

Show all 34 citing cases →

— N.C. Gen. Stat. § 132-9(a) — 14 cases

State Employees Ass'n of North Carolina, Inc. v. North Carolina Dep't of State Treasurer, 695 S.E.2d 91 (N.C. 2010). “” See N.C.G.S. § 132-9(a). A second letter from the director of communications for defendant department dated 18 January 2008 addressed plaintiff’s 16 October 2007 public records request.”

McCormick v. Hanson Aggregates Se., Inc., 596 S.E.2d 431 (N.C. Ct. App. 2004). “See N.C.G.S. § 132-9(a) (2003) (“[a]ny person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order compelling disclosure or…”

Tillett v. Town of Kill Devil Hills, 809 S.E.2d 145 (N.C. Ct. App. 2017). “" N.C. Gen. Stat. § 132-9 (a) (emphasis added).”

Lexisnexis Risk Data Mgmt. Inc. v. Warren, 775 S.E.2d 651 (N.C. 2015). “On 13 October 2011, plaintiffs filed suit in Superior Court, Wake County, seeking an order requiring production of the requested *183 materials pursuant to N.C.G.S. § 132-9(a). Plaintiffs requested that the court declare “that the ACIS database is a public document or public…”

City of Burlington v. Boney Publishers, Inc., 600 S.E.2d 872 (N.C. Ct. App. 2004). “2d at 434 (quoting N.C.G.S. § 132-9(a) (2003)) (“ ‘[a]ny person who is denied access to public records for purposes of inspection and examination, or who is denied copies of public records, may apply to the appropriate division of the General Court of Justice for an order…”

— N.C. Gen. Stat. § 132-9(c) — 1 case

N.C. Bar & Tavern Ass'n v. Stein (N.C. 2025).

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