N.C. Gen. Stat. » Chapter 8
NC General Statutes

N.C. Gen. Stat. § 8-53.2 (2026)

Communications between clergymen and communicants

✓ current as of July 2026
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No priest, rabbi, accredited Christian Science practitioner, or a clergyman or ordained minister of an established church shall be competent to testify in any action, suit or proceeding concerning any information which was communicated to him and entrusted to him in his professional capacity, and necessary to enable him to discharge the functions of his office according to the usual course of his practice or discipline, wherein such person so communicating such information about himself or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted, provided, however, that this section shall not apply where communicant in open court waives the privilege conferred. (1959, c. 646; 1963, c. 200; 1967, c. 794.)

 

Notes of Decisions
Cited in 11 cases, 1983–2018 · leading case: In Re the Investigation of the Death of Miller, 584 S.E.2d 772 (N.C. 2003).
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In Re the Investigation of the Death of Miller, 584 S.E.2d 772 (N.C. 2003). · cites it 3× “See N.C.G.S. § 8-53.2 (2001) (no disclosure of information between clergymen and communicants); N.”
State v. West, 345 S.E.2d 186 (N.C. 1986). · cites it 6× “*223 N.C.G.S. § 8-53.2 (1981). The wording of the statute suggests two requisites that are not met under the facts of this case: one is that the defendant be seeking the counsel and advice of his minister; the other is that the information be entrusted to the minister —that the…”
State v. Barber, 346 S.E.2d 441 (N.C. 1986). · cites it 9× “The trial court then concluded the clergy-communicant privilege of N.C.G.S. § 8-53.2 was inapplicable. Barrier testified that the defendant told him he was afraid.”
State v. Crisco, 777 S.E.2d 168 (N.C. Ct. App. 2015). · cites it 19× “On 11 August 2014, Defendant filed a motion to suppress from the jury any confession Defendant made to Ronnie Roy ("Pastor Roy"), pastor at Messiah Baptist Ministries, pursuant to N.C. Gen.Stat. § 8-53.2. Defendant also filed a motion in limine to exclude Matthew Black's…”
State v. Pulley, 636 S.E.2d 231 (N.C. Ct. App. 2006). · cites it 2× “eding concerning any information which was communicated to him and entrusted to him in his professional capacity, and necessary to enable him to discharge the functions of his office according to the usual course of his practice or discipline, wherein such person so…”
In Re Grand Jury Investigation. Appeal of United States of Am., 918 F.2d 374 (3rd Cir. 1990). “1990); N.C.Gen.Stat. § 8-53.2 (1990); Ohio Rev. Code Ann.”
State v. Andrews, 507 S.E.2d 305 (N.C. Ct. App. 1998). · cites it 4× “*375 Our Supreme Court has held that the wording of N.C. Gen. Stat. § 8-53.2 has two requirements for the clergyman privilege to apply, including: (1) defendant must be seeking the counsel and advice of his minister; and (2) the information must be entrusted to the minister as a…”
State v. Jackson, 336 S.E.2d 437 (N.C. Ct. App. 1985). · cites it 3× “Defendant now contends the admission of this testimony violated the clergy-communicant privilege of G.S. 8-53.2. G.S. 8-53.2 provides: No priest, rabbi, accredited Christian Science practitioner, or a clergyman or ordained minister of an established church shall be competent to…”
Doe v. Old Dominion Univ., 289 F. Supp. 3d 744 (E.D. Va. 2018). “2 (West 2017) ("[The Court] shall compel disclosure [of victim-advocate communications] if the court finds, by a preponderance of the evidence, a good faith, specific, and reasonable basis for believing that (i) the [documents] sought contain information that is relevant and…”
Spencer v. Spencer, 301 S.E.2d 411 (N.C. Ct. App. 1983). · cites it 4× “§ 8-56 and N.C. Gen. Stat. § 8-53.2 (1981). We agree with these arguments.”
Misenheimer v. Burris, 644 S.E.2d 611 (N.C. Ct. App. 2007). · cites it 12× “Plaintiff objected and argued defendant’s questions violated the statutory clergy-communicant privilege under N.C. Gen. Stat. § 8-53.2 . Plaintiff invoked his privilege, but later waived his privilege to allow McFarland to testify to communications on the date Mrs.”
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