What are North Carolina Court Records?

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What are North Carolina Court Records?

North Carolina is home to over 11.2 million residents, making it the ninth most populous state in the country. Residents of the state are served by a unified court system consisting of three divisions, including the appellate division, superior court division, and district court divisions. North Carolina courts process over 2 million new cases annually, including all types of civil and criminal cases.

Each court within the court system maintains information about each case it handles, including case files containing details of the parties in a legal proceeding, what happened during the trial or hearing, and the court's decision. This information is generally regarded as court records. In North Carolina, court records provide context for the court's decisions and promote accountability within the justice system. Common court records in the state include:

Docket Sheets

Dockets are official summaries of proceedings and filings in a case. This usually includes information about the parties and legal representatives involved, dates, and filings in a particular case.

Judgments and Orders

These are official declarations made by a judge to resolve a legal matter. These court records typically outline each party's punishment and responsibilities.

Transcripts

Transcripts are typed verbatim version of what was said during a court proceeding. They are created by the official court reporter in attendance or by listening to an audio recording made by the clerk.

Evidence

This includes physical and document-based materials containing facts and observations about the case.

Court Minutes

They are official records of courtroom proceedings from the beginning to the end of a trial. They include a summary of events such as recesses, testimonies, and official statements.

Pleadings

These are records of petitions, complaints, and statements made by each party in a case describing the party's request to the court.

Briefs

Briefs are arguments written by legal counsel and submitted to the court. These documents explain a party's side of the case and why the court should grant their request.

Types of Court Cases

In North Carolina, court cases are categorized as either civil or criminal matters. Although both cases involve finding out who's at fault in a matter, they employ distinct methods and standards of proof to achieve this objective.

Civil Cases

Civil cases seek to resolve disputes between individuals or organizations. These types of cases typically ask the court to protect a private civil right or to grant a civil remedy to one party that has suffered some type of loss as a result of the actions of another. Civil cases are initiated when one party (plaintiff) files a lawsuit against another (defendant). Common reasons for such lawsuits include breaches of contract, property damage, disputes over tenancy, or bodily injury claims.

In the complaint, the plaintiff must specify the reason for the claim and why the court should grant their request. Civil cases are decided using a standard of proof called the preponderance of evidence. This requires the plaintiff to demonstrate that their version of the facts is more likely than not.

Criminal Cases

In criminal cases, the state files a lawsuit against an individual for breaking the law. Criminal cases seek to uphold the law and guarantee justice by making sure that offenders are punished. Consequently, a person found guilty may face penalties ranging from payment of fines and imprisonment to, in certain situations, the death penalty.

In North Carolina, the district attorney for each district is responsible for filing the lawsuit against criminal offenders. It is the responsibility of the district attorney or their representative to establish, beyond a reasonable doubt, that the defendant has committed the alleged offense. Failure to do so will lead to the dismissal of the charges against the defendant.

What Are the Different Courts in North Carolina

The North Carolina court system is divided into three divisions: the appellate division which consists of the supreme court and courts of appeals, superior court division, and the district court division.

North Carolina Supreme Court

This is the highest court in the state. It generally handles any errors within judicial interpretation or in other legal procedures made by lower courts. The Supreme Court's caseload mainly includes challenges to laws within the constitution, as well as appeals opposing death penalty sentences.

The North Carolina Supreme Court is made up of the Chief Justice and six associate justices. The Chief Justice, who is elected for an eight-year term, is the head of the state's judicial branch.

North Carolina Courts of Appeals

The Courts of Appeals is the state's intermediate appellate court. It handles the most appeals from trial courts within the state. This court is composed of popularly elected judges who all serve eight year terms. Each Appeals case is overviewed by three judges who are assigned by the current chief judge. Note that the Chief Judge is selected by the Chief Justice of the Supreme Court.

Superior Courts

The Superior Court is the trial court of general jurisdiction in the state. These courts handle all standard criminal cases as well as any civil cases valued at at least $10,000. Any appeals to misdemeanor cases from District Courts are also included. North Carolina Superior Courts criminal cases are decided by a jury, while in civil cases, the jury system is waived. North Carolina Superior Court has a business court division that hears issues related to business laws in the state.

District Courts

The District Courts are trial courts of limited jurisdiction. However, they handle all civil cases involving $10,000 or less, misdemeanors, and infractions. They issue arrest warrants, set bail, and accept guilty pleas for misdemeanors. District Courts also handle juvenile proceedings, domestic relations cases, and mental health hospital commitments.

These courts have a small claims division that handles cases involving property recovery, ejectment, enforcement of liens filed by mechanics, and monetary claims of $10,000 or less. District Courts are divided into 41 districts across the state, and each court is located in the county seat of each county.

North Carolina Specialty Courts

Specialty courts, also known as recovery courts, are judicially supervised court intervention that targets individuals within the criminal and juvenile court system who are struggling with substance use or mental illness. Examples of specialty courts in North Carolina are:

  • Veteran treatment courts
  • Family recovery courts
  • Mental health courts
  • DWI courts

How Many Federal Courts Are in North Carolina?

How Many Federal Courts Are in North Carolina?

North Carolina has three federal district courts, including the U.S. District Court for the Eastern District of North Carolina, the U.S. District Court for the Western District of North Carolina, and the U.S. District Court for the Middle District of North Carolina. Currently, 9 judges are serving in the federal district courts in North Carolina. They are nominated by the President and confirmed by the United States Senate.

These federal courts handle cases related to federal law, disputes between parties from different states, and bankruptcy matters. If a decision is made in these courts, it can be appealed to the U.S. Court of Appeals for the Fourth Circuit.

How Many Court Cases Are Filed Each Year in North Carolina?

North Carolina trial courts handle a substantial volume of cases every year:

  • Probate: About 40,000 probate matters are filed annually.
  • Family: About 80,000 domestic relations cases are heard annually.
  • Juvenile: Over 45,000 juvenile cases are handled in North Carolina annually. These include delinquency and dependency
  • Civil Cases: Over 500,000 civil cases are filed in North Carolina annually.
  • Criminal Cases: Over one million criminal cases are heard in North Carolina annually.

How Do I Look Up Court Cases in North Carolina?

How Do I Look Up Court Cases in North Carolina?

In North Carolina, each court is responsible for maintaining its case files and records. Several courts have established public self-service terminals that allow the public to search for specific court records. Interested persons can look up court cases in the state by visiting the public, self-service terminal located at the clerk of court's office in the specific court that handled the case. These terminals allow users to search cases by providing the defendant's name, case number, or victim's name. In addition, interested persons may request paper records at the clerk of court's office. Note that reproducing copies of court documents attracts a fee.

Those who do not wish to visit the court or clerk's office may search court records remotely. North Carolina courts that have adopted the eCourt program maintain a searchable database where the public can look up court records. You can search court records by name, case number, and attorney.

What Court Records Are Not Available to the Public in North Carolina?

In North Carolina, specific court records are exempt from public disclosure to protect the privacy of individuals involved. The following categories of records are included under this exemption:

  • Adoption Records: Only a final order of an adoption can be accessed by the public. All other information, including the names of biological parents, is confidential.
  • Mental Health Commitment Records: Information about individuals committed to a mental facility, such as their names, health status, and location, is confidential information exempt from public disclosure.
  • Juvenile Records: All records involving a minor are exempt from disclosure.
  • Presentence Report: Presentence reports made for a defendant convicted in any state court in North Carolina are not accessible to the public.
  • Settlements: Information about the settlement agreement in a civil case is usually exempt from disclosure. However, in cases involving a minor or someone with some sort of legal disability, this information will become part of court files.

North Carolina Counties