Short Answer

In North Carolina, you (through your attorney) should immediately send the venue a written preservation letter demanding they retain all relevant video. Before a lawsuit, you may seek a court order to preserve or obtain the video; after filing, you can request it from a party under Rule 34 or subpoena a non-party under Rule 45. Act fast—many systems overwrite video within days or weeks.

Understanding the Problem

You’re asking how, in North Carolina, you can get surveillance video from a private, third-party venue to support a personal injury claim. You hired an attorney months ago, and you believe the venue’s cameras show what happened. The key is preserving the footage quickly and using the correct legal tools to obtain it.

Apply the Law

Under North Carolina civil procedure, the path depends on timing and whether a lawsuit is filed. Pre-suit, counsel can send a preservation (spoliation) letter and, if needed, ask the court to allow limited early discovery or enter an order preventing destruction. Once the case is filed, video is obtained by party requests (Rule 34) or non-party subpoenas (Rule 45). The main forum is Superior Court, and a common timing rule is giving other parties advance notice (often 10 days) before serving a non-party records subpoena.

Key Requirements

• Preservation demand: Prompt written notice to the venue to retain all relevant video and logs; request the retention of a defined time window and camera angles.
• Pre-suit court help: If there’s a risk of loss, seek a court order to perpetuate testimony/documents or a temporary restraining order to prevent deletion.
• After filing suit: Use Rule 34 requests for production to parties; use a Rule 45 subpoena duces tecum to obtain footage from a non-party venue.
• Notice to other parties: Provide advance notice before a non-party records subpoena so parties can object; use a production date that honors the notice period.
• Proper service & scope: Serve the venue’s proper legal entity/registered agent; describe the exact date, time range, and camera locations to avoid overbreadth objections.
• Format & chain of custody: Specify export format and request any proprietary player; document who handled the media and when.

What the Statutes Say

• North Carolina Gen. Stat. Rule 27 (Depositions before action) - Limited pre-suit discovery to preserve evidence at risk of loss.
• North Carolina Gen. Stat. Rule 34 (Production of documents) - Requests for production from parties after an action is filed.
• North Carolina Gen. Stat. Rule 45 (Subpoenas) - Subpoena duces tecum for non-party records like surveillance video; includes notice and objection procedures.
• North Carolina Gen. Stat. Rule 65 (Injunctions) - TROs/preliminary injunctions to prevent destruction of evidence.

Analysis

Apply the Rule to the Facts: Because months have passed, act immediately: have your attorney send a preservation letter identifying the incident date, time window, and cameras. If the venue resists or overwriting is imminent, your attorney can seek pre-suit relief to preserve the video. Once suit is filed, they can serve a Rule 34 request (if the venue is a party) or a Rule 45 subpoena (if it is not), honoring the required notice period to other parties.

Process & Timing

1. Who files: Your attorney. Where: North Carolina Superior Court (county where the action is or will be filed). What: 1) Preservation letter; 2) If needed pre-suit, a verified Rule 27 petition or a Rule 65 TRO request; 3) After filing, a Rule 34 request (party) or a Rule 45 subpoena using AOC-G-100 (Subpoena). When: Immediately; set a production date that provides at least 10 days’ advance notice to other parties for a non-party subpoena.
2. Serve the correct entity (registered agent or records custodian). Narrowly describe the date, time range, cameras/areas, and format. Follow up within 10–14 days; county practices and venue response times vary.
3. If the venue objects or does not comply, your attorney can confer, then move to compel or seek a protective order as appropriate. Expect production of video files and, if needed, a declaration of authenticity or custodian affidavit.

Exceptions & Pitfalls

• Overwriting risk: Many venues auto-delete video quickly. Send a preservation letter right away and ask for confirmation of hold.
• Wrong entity/service: Identify and serve the venue’s legal entity/registered agent; store managers are not always the legal recipient.
• Overbroad requests: Tailor the time window and camera views to reduce objections and delays.
• Notice missteps: Failing to give adequate advance notice to parties before a non-party subpoena can trigger motions to quash.
• Format issues: Request export in a playable format and the proprietary viewer if needed; ask for logs/metadata if authenticity is disputed.
• Privacy concerns: Be ready to accept redactions or a protective order to address bystanders’ privacy or security-sensitive areas.

Talk to a Personal Injury Attorney

If you're dealing with a venue that may have key video of your incident, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.