North Carolina General Statutes
Article 31 - Tort Claims against State Departments and Agencies.
§ 143-298 - Duty of Attorney General; expenses; subpoenas.

143-298. Duty of Attorney General; expenses; subpoenas.
It shall be the duty of the Attorney General to represent all departments, institutions, and agencies of the State in connection with claims asserted against them and to attend all hearings in connection therewith where the amount of the claim, in the opinion of the Attorney General, is of sufficient import to require and justify such appearance. In the event the amount appropriated to the Attorney General's office for travel and subsistence is insufficient to take care of the additional expense incident to attending these hearings, the Governor and Council of State are authorized to pay such additional travel expenses from the Contingency and Emergency Fund.
Subpoenas for any purpose authorized by G.S. 1A-1, Rule 45 may be issued by an Attorney of Record for either party in all proceedings under the State Tort Claims Act and served by the means specified in the North Carolina Rules of Civil Procedure or served by registered or certified mail, and service shall be proved by filing of the return receipt. (1951, c. 1059, s. 10; 1971, c. 1103, s. 3; 1987 (Reg. Sess., 1988), c. 1087, s. 5.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 143 - State Departments, Institutions, and Commissions

Article 31 - Tort Claims against State Departments and Agencies.

§ 143-291 - Industrial Commission constituted a court to hear and determine claims; damages; liability insurance in lieu of obligation under Article[Effective July 1, 2022]

§ 143-291.1 - Costs.

§ 143-291.2 - Costs and fees.

§ 143-291.3 - Counterclaims by State.

§ 143-292 - Notice of determination of claim; appeal to full Commission.

§ 143-293 - Appeals to Court of Appeals.

§ 143-294 - Appeal to Court of Appeals to act as supersedeas.

§ 143-295 - Settlement of claims.

§ 143-295.1 - Settlement of small claims against institutions of the Department of Health and Human Services.

§ 143-296 - Powers of Industrial Commission; deputies.

§ 143-297 - Affidavit of claimant; docketing; venue; notice of hearing; answer, demurrer or other pleading to affidavit.

§ 143-298 - Duty of Attorney General; expenses; subpoenas.

§ 143-299 - Limitation on claims.

§ 143-299.1 - Contributory negligence a matter of defense; burden of proof.

§ 143-299.1A - Limit use of public duty doctrine as an affirmative defense.

§ 143-299.2 - Limitation on payments by the State.

§ 143-299.3 - Use of State vehicles by North Carolina Amateur Sports; State to incur no liability.

§ 143-299.4 - Payment of State excess liability.

§ 143-300 - Rules and regulations of Industrial Commission; destruction of records.

§ 143-300.1 - Claims against county and city boards of education for accidents involving school buses or school transportation service vehicles.

§ 143-300.1A - (See Editor's note on condition precedent) Claims arising from certain smallpox vaccinations of State employees.