Short Answer

Yes, but you usually need legal process. In North Carolina, a private business does not have to hand over video voluntarily. After you file a lawsuit, you can issue a Rule 45 subpoena to a nonparty (like a gas station) to produce surveillance footage. If timing is critical before suit, you can ask the court for pre-suit discovery or an emergency order to preserve the video.

Understanding the Problem

In North Carolina personal injury cases, can you make a private business release its crash video? You, the injured driver, want surveillance footage, but the nearby gas station refused to provide it. The key decision is whether you can force production now (before a lawsuit) or must first start a civil case.

Apply the Law

Under North Carolina civil procedure, nonparties can be compelled to produce documents and video through a subpoena after a lawsuit begins. A subpoena is a court-backed command to produce records or appear and testify. Before filing suit, the court may allow limited discovery through a verified petition to perpetuate testimony (paired with a subpoena for documents at a deposition) or an emergency injunction to preserve evidence when deletion is imminent. Enforcement and protective orders happen in Superior Court. These procedures have notice and timing requirements, and courts can quash or limit overly broad or burdensome requests.

Key Requirements

• Valid legal process: Either a filed civil action with a Rule 45 subpoena, or a pre-suit court order (Rule 27 deposition to perpetuate testimony/documents or a Rule 65 preservation injunction).
• Specificity and reasonableness: Describe the video sought (date, time window, camera/angle, location) and allow a reasonable time to comply.
• Proper issuance and service: A subpoena is issued through the Clerk of Superior Court or by an attorney of record and served on the business (e.g., manager, records custodian, or registered agent).
• Notice to parties: Give prior notice to all parties before serving a records-only subpoena on a nonparty so they can object if needed.
• Enforcement and objections: If the company refuses, you can move to compel; the court may quash or modify a subpoena that is improper or unduly burdensome.

What the Statutes Say

• North Carolina Rule of Civil Procedure 45 (Subpoenas) - Allows subpoenas to nonparties for documents, video, and testimony; provides objection and enforcement mechanisms.
• North Carolina Rule of Civil Procedure 27 (Pre-suit depositions) - Permits a verified petition to perpetuate testimony, with notice and a court order; can pair with a subpoena duces tecum for video.
• North Carolina Rule of Civil Procedure 65 (Injunctions) - Authorizes temporary restraining orders or preliminary injunctions to preserve evidence from destruction.

Analysis

Apply the Rule to the Facts: The gas station is a nonparty, so it does not have to release video voluntarily. After you file a negligence lawsuit, you can issue a Rule 45 subpoena describing the date and time of the rear-end crash on icy roads and require the station to produce the footage. If you have not filed suit and deletion is likely, you can seek a Rule 27 order (with a subpoena for the video at a deposition) or a Rule 65 preservation order. Video may help challenge the police report and the insurer’s denial.

Process & Timing

1. Who files: Injured driver (plaintiff). Where: Superior Court (or District Court, depending on claim size) in the county where the crash occurred or where the defendant can be sued. What: File a civil complaint, then issue a Rule 45 subpoena duces tecum for “surveillance video” from the business. When: As soon as the case is filed to avoid routine overwriting.
2. Serve the subpoena on the business (manager/records custodian or registered agent) and give prior notice to all parties. Allow a reasonable time to comply; expect the business to object or ask for a narrowed time window if the request is broad.
3. If no compliance, file a motion to compel and for appropriate relief. If the issue is urgent pre-suit, file a verified Rule 27 petition (and set a deposition with a subpoena for the video) or seek a temporary restraining order to prevent deletion. The court will set a prompt hearing.

Exceptions & Pitfalls

• No voluntary duty: Private businesses can refuse informal requests; you need a subpoena or court order.
• Overbreadth: Broad “all video” demands risk objections or quash; target the exact date, time, and camera angles.
• Service errors: Improperly issued/served subpoenas are unenforceable; ensure correct issuance and prior party notice.
• Deletion risk: Waiting can lead to routine overwriting; send a preservation letter early and pursue court relief if needed.
• Confidentiality: Expect the business to seek a protective order to limit use or disclosure of security footage.

Talk to a Personal Injury Attorney

If you’re dealing with a business refusing to share crash video, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to get started.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.