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North Carolina Court Case Lookup

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North Carolina Court Case Lookup

North Carolina court cases are legal proceedings handled by a judge or jury where parties (individuals or organizations) seek to resolve their disputes in a court of law. A North Carolina court case lookup is a process that allows the public to view, inspect and obtain ongoing or finalized court case information filed and processed by the state’s court system. Court case lookups provide inquirers with access to North Carolina court record information, featuring details of the involved parties’ names, court dates, judgements, proceedings summaries, and case numbers.

Court cases happen once both parties have filed their initial claims and pleadings against each other. After going through facts and pre-trial motions, the court would hold a series of hearings to attempt a settlement negotiations resolution. A trial ensues where the case cannot be settled, and both parties must present evidence and arguments to the judge or jury. Typical court cases include criminal cases, civil cases, juvenile cases, business cases, family cases, and small claims.

The North Carolina Judicial Branch has a three-tier court system which consists of the appellate court division, the district court division and the superior court division. Each court has its own jurisdiction and handles different cases and responsibilities.

  • Appellate Division: These courts review the decisions made by trial courts, which are the next level of the court system. Appellate courts consist of the Court of Appeals and the Supreme Court.
    • Supreme Court: The Supreme Court operates with no jury and makes no determination of fact. It only considers questions of law which means resolving a party’s claim of errors in legal proceedings by a trial court or the Court of Appeals.
    • Court of Appeals: This court reviews appeals and decisions made by the trial courts and serves as the intermediate appellate court. It was created to relieve a portion of the heavy caseload the Supreme Court had to bear.
  • Trial Courts Division: These are general jurisdiction courts, and they make up the first level of the state’s court system. They handle criminal, civil and juvenile cases, hold trials and have juries to determine case facts. They are divided into district courts and superior courts.
    • Superior Court Division: These courts typically hear felony criminal cases, civil cases that involve $25,000 and more, and district court appeals. The court holds at least twice a year in each state county or each week concurrently in the business counties.
    • District Court Division: District courts handle most trial court cases between $10,000 to $25,000 as well as domestic relations, probate and guardianship matters.
    • Magistrates are court officials under the chief district court judge who handle civil and criminal “small claims” as court officers. The civil cases assigned to magistrates are generally disputes for claims under $10,000.

The District Court division handles other types of courts, including the juvenile, business, family, and recovery courts. These courts are established to handle special cases like juvenile delinquency and family legal issues.

Are Court Cases Public Record in North Carolina?

Yes, court cases are public records according to the North Carolina Freedom of Information Act noted in Chapter 132 of the North Carolina General Statutes. The law states that public records and information compiled by the government agencies of North Carolina are the property of the people. Therefore, people can inspect and obtain copies of the records for free or at a minimal cost.

However, certain exemptions exist where a record is deemed private or confidential and cannot be released for public disclosure. These exemptions are defined in the General Statutes § 132-1.2 and subsequent sections and the Protected Public Records document created by the Judicial Department.

North Carolina Court Case Lookup

Inquirers can look up court cases online, by mail request or by visiting in person and typically find information such as court dates, hearings, records and documents. Inquirers can search for court cases online through various ways in North Carolina. The state provides an online search portal that allows the public to access court case information from eCourts registered counties. Individuals can search by name, attorney, case number and other options.

The North Carolina Administrative Office of the Courts (NCAOC) has created the Remote Public Access Program (RPA), which offers the public access to criminal and civil court data across North Carolina. For a license fee, inquirers can have access to look up cases through the Automated Criminal/Infractions System (ACIS) and Civil Case Processing System (VCAP). The RPA offers two options: Online access (real-time) and Extracts (bulk data).

The North Carolina court system can also be accessed through public, self-service terminals placed at a county court clerk’s office. The terminal can be used to search for cases by case number, defendant, victim or witness name. Individuals can also obtain paper file copies of court cases by visiting the county court clerk’s office where the case was heard.

Can I Get North Carolina Court Case Documents Online?

Yes, North Carolina Case documents can be viewed and obtained online by the general public. The eCourts Portal can be accessed by registering on the platform and searching for the court case document by different criteria such as party name, record number etc. The Portal offers accurate results to searches and allows inquirers to make payments online to obtain the court case documents instantly. By registering on the platform, users can save cases for future reference.

How to Conduct a North Carolina Court Search by Name

A person can conduct a court search by name using the record retrieval system provided by the presiding court. In North Carolina, this retrieval channel can be the self-service terminal at the clerk of office or the eCourts Portal for eCourt-enabled counties. The name of any confirmed party in an appeal can be used to search for a court record.

What is a Court Case Number?

A court case number in North Carolina is a distinctive identification number assigned to a case that appears on all court submissions after it has been assigned. Case numbers are a combination of letters and numbers and are used to identify and track the case throughout the court system. Using the case number as a search parameter, information including the parties' names, court appearance dates, and a summary of the claims can be looked up. A court case number is also referred to as a docket number.

How to Conduct a Case Number Search in North Carolina

A court case lookup can be conducted using the case number to retrieve records. Inquirers can visit the clerk of court in person and use the self-service terminals to search for records by case number. North Carolina counties that are eCourt enabled can search online for case information and court records by case number using the eCourts Portal.

North Carolina Court Records Lookup

Interested individuals can perform a North Carolina Records lookup in person or online through many channels. They include:

  • Office of the Clerk of Court: The Office of the Clerk of the Court in North Carolina has the authority to keep hard copies of court records, including forms, briefs, documents, and dockets of litigations. The records lookup can be conducted by visiting a clerk of court’s office in any county and using the public, self-service terminal to search for cases. Search parameters for the lookup include name (defendant's or victim’s name) and case number. An inquirer can also mail a request for a record but may be required to pay a fee to make copies of the record.
  • North Carolina Administrative Office of the Courts (NCAOC): Individuals can perform a court record lookup using the Remote Public Access Program (RPA) tool. For a fee, the portal offers Online access and Extract access to civil and criminal records in North Carolina.
  • eCourts Portal: A requester can check the eCourts Portal maintained by the North Carolina Judicial branch to look up court case records that are available to the public. Search parameters are recorded numbers or names (in last, first, and middle suffix format)

Records redacted from public view or sealed, such as juvenile records, would not be available during a lookup.

How to Remove Court Cases From Public Record in North Carolina

By North Carolina’s law, court records are considered public records. They are publicly available but can be removed under certain circumstances, including when court records are sealed or have been expunged. An expunction is a legal process in which criminal charges and prior convictions are removed from a person’s records and destroyed from public view. Expunctions are usually applied for minor offences. The steps for expunging a court case from the public record include:

  • Checking if they meet the eligibility criteria stipulated in the expungement eligibility statutes.
  • File for expungement with the clerk of the superior court and pay the filing fee of $175.00. Individuals can also proceed without paying the filing fee
  • Wait out for the expungement process, which may take several months.to complete
  • If successful, receive a signed expunction order from the court of the clerk.

Sealing of records by court order is another way to remove court records from public view. This usually applies if a situation requires confidentiality, such as records with personal information or information which could compromise the safety of the parties involved.

How to Check a Court Case Status in North Carolina

Interested individuals can check a court case status by obtaining the case information either online or in person. For assessing case information in public, a person can visit the county clerk’s office and use its self-service terminal where the information is stored. Counties with North Carolina’s eCourts portal enabled have online access to information about the case, including the case type, case number, case status, and hearing dates, Not all case information is available online as they may be ongoing or sealed. For such cases, it may be necessary to contact the court handling the case directly to obtain the status of the case.

How to Find Supreme Court Decisions in North Carolina

After hearing arguments and reviewing attorneys' briefs, Supreme Court justices issue written decisions known as opinions. Inquirers can find updated supreme court opinions on the North Carolina appellate court website. Other databases where interested parties can find supreme court opinions in North Carolina include third-party aggregate sites and law libraries, which give opinions as far back as 1843.

What Percentage of Court Cases Go to Trial in North Carolina?

According to the North Carolina Judicial Branch's 2020-2021 Statistical and Operational Report, approximately 0.76% of criminal cases went to trial. Out of the 269,876 criminal cases disposed of in District and Superior Court, only 2,046 went to trial, while the rest of them were resolved through plea bargains. The National Center for State Courts also reports that the percentage of civil cases that go to trial in North Carolina ranges between 1% and 3%.

How Long Does a Court Case Last in North Carolina?

Unlike some other states, there is no statute to address speedy trials in North Carolina. This means that the district attorney controls the court calendar, which often affects the duration of a case. Depending on various factors, court cases in North Carolina can last from days to years. These factors include:

  • The type of case it is
  • The number of pending cases (court backlog) it has
  • The duration of the discovery process
  • The duration of the settlement negotiations
  • The progress of the ongoing appeals

How to File a Case in Court in North Carolina

Filing a court case in North Carolina means presenting a claim or a dispute before a court or jury for resolution. Individuals in person can file court cases, eFiled (filed online) or with the help of an attorney. It is important to note that The North Carolina Court System and Administrative Office of the Courts cannot give legal advice to members of the general public.

The first step of a court case is filing a complaint by the plaintiff and issuing a summons stating the grounds for the lawsuit. The type of case being filed determines the appropriate court for submitting the complaint. Small claims cases are filed in the district court division, while civil cases or criminal cases are filed in the superior court division.

After submitting the complaint and other necessary documents to the court clerk, the next step is to pay the filing fee, as all lawsuits require filing fees. Filing fees differ in Superior Court

and District Court and must be remitted to the Clerk of Court when the complaint is presented for filing. Updated court costs can be found on the North Carolina Judicial Branch website.

The final step of a filing is the Clerk issues and signs a summons which is then served to the defendants to notify them. Popular ways of serving a summons include by certified mail, return receipt requested, or service by the Sheriff’s office at a fee of $30.00 for each defendant It is important to attend the court hearings that may be scheduled after the case is filed.

The process of filing a lawsuit is uniform across North Carolina, but there may be slight variations in the procedures from one county to another. To ensure that filing is done properly, it is good practice to seek guidance from the Clerk of Court in the specific county where the lawsuit is being filed.

What Does It Mean if a Court Case Was Resolved Before the Trial Date?

If a court case was resolved before its trial date, it means that the case ended before being presented to a judge or jury. Some of the most common reasons why a case may be resolved before trial include:

  • Plea Agreement: A plea agreement is an agreement between the prosecution and the defendant where the accused agrees to plead guilty instead of having a trial. In exchange for the plea, the prosecutor agrees to either dismiss, reduce some of the charges, or to a specific sentence.
  • Settlement: A settlement is a cost-effective situation where the parties are able to resolve their differences without the need for a trial. The settlement may involve one party meeting certain requirements in exchange for the other party dropping the case.
  • Dismissal: This is when the court ends a case for reasons such as lack of evidence or procedural errors. A prosecutor can also dismiss the case if the victim doesn't have enough evidence or requests a dismissal. Cases with individual victims like assaults and cases where the victim is a business are not easily dismissed, even upon request from the victim.
  • Deferral agreement: It is a conditional agreement to dismiss charges against a defendant over a period of time. Deferral agreements happen after a charge has been made but before a trial or guilty plea. Conditions for a deferral agreement may include community service, receiving treatment, or paying restitution. Failure to meet the conditions may lead to a resumption of the prosecution or a conviction.
  • Arbitration: This is an informal legal proceeding where each party selects a neutral third party to settle their differences without going to a trial. The neutral party, called an arbitrator, hears both arguments and makes a binding decision which cannot be appealed if both parties consent to the arbitration.
  • Mediation: It is a guided conversation between conflicting parties mediated by a neutral third party called a mediator who has no deciding power but assists them in reaching a settlement themselves. It is a cost-effective method of settling civil cases without having to go to trial.