Understanding Civil Court Records in North Carolina
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In North Carolina, civil court records typically consist of documents filed or created during a non-criminal litigation process. Under the North Carolina Public Records Law, most civil court records are publicly available and accessible to anyone, unless they are deemed confidential. The North Carolina Judicial Branch keeps civil court records through its trial courts.
Civil Court Record Statistics Reported by North Carolina Courts
According to the North Carolina Judicial Branch's Quick Facts, Superior Courts handled about 235,970 case filings as of June 2023. Out of these filings, estate filings totaled 86,805, while about 18,389 were civil. The total dispositions made by the Superior Courts were 274,841, comprising 19,295 civil cases and 87,776 estate cases. That same year, District Courts recorded 198,089 civil magistrate filings, of which 195,235 were disposed of. Additionally, there were 185,390 civil district filings, with 190,475 cases disposed of during the same period.
How Civil Records Differ from Criminal Records in North Carolina
Civil and criminal records are different files that address various issues in North Carolina. Civil records document non-criminal disputes, whereas criminal records document violations of the law. Individuals file civil cases to seek financial compensation or non-criminal remedies, and state prosecutors file criminal cases to determine guilt and impose penalties.
The table below provides specific distinctions between civil and criminal records:
|
Category |
Civil Record |
Criminal Record |
|---|---|---|
|
Primary Purpose |
Settle private or contractual disputes |
Enforce laws and punish unlawful acts |
|
Public Access |
Generally public, but some records are automatically sealed |
Generally public, but some records are automatically sealed |
|
Case Titles |
Plaintiff v. Defendant |
State of North Carolina v. Defendant |
|
Case Type |
Property, tort, contract, or family disputes |
Traffic violations, misdemeanor, or felony |
|
Court Procedures |
North Carolina Rules of Civil Procedure | |
|
Potential Outcome |
Monetary damages, injunctions, or custody rulings |
Fines, imprisonment, or probation |
Structure of the Civil Court System in North Carolina
The North Carolina Judicial Branch has a trial division comprising the superior, district, and small claims courts. These courts handle civil cases differently from criminal cases by complying with the provisions specified in the North Carolina Rules of Civil Procedure. The table below shows the civil court system in NC and the case types they handle:
|
Court |
Type of Civil Cases |
|---|---|
|
Superior Court |
Hears civil cases over $25,000 |
|
District Court |
Divorce, child support, child custody, and civil cases that do not exceed $25,000 |
|
Small Claims Court |
Hears claims where monetary compensation is $10,000 or less, recovery of personal property, summary ejectment, and mechanic's liens |
Public Access to Civil Court Documents in North Carolina
The North Carolina Public Records Law requires clerks of courts to permit the inspection and examination of civil court documents at reasonable times. They must also furnish copies of records upon payment of fees. The North Carolina Judicial Branch satisfies these requirements by making civil case information available for free through its online portals. They also advise requesters to visit the county courts where a case was handled to obtain copies of desired records. However, certain civil court documents, such as adoption and medical records, are not open to the public in NC. Individuals would need a court order to access confidential civil court records.
How to Lookup North Carolina Civil Court Records
Members of the public may use the following methods to search for civil court records in NC:
- Online search portals
The North Carolina Judicial Branch offers several portals where record seekers may access civil court information without incurring charges. The Smart Search portal is an excellent resource for locating civil court records and case information by name or record number. Users may click on the "Advanced Filtering Options" link and narrow their searches by location, case type, case status, and filing date. The Search Hearing portal allows users to find civil court dates and hearings by specifying a location, hearing type, search type, and date range. The Judgment Search portal provides access to an index of judgments when requesters conduct a search by name, case number, or date range.
- Clerk of Court offices
Individuals may view or copy civil court files by visiting the clerk of court's office in the county where the case is located. Staff typically provide copies of documents in civil court files for a fee. The first page of civil court records costs $2 2 while additional copies cost $0.25 per page. Certified copies cost $3 per document.
- On-site public terminals
The general public may find civil case information on the public, self-service terminals in the clerk of court's office in any county in North Carolina. They typically need to enter search criteria in the system to view their desired records for free. However, printing the records attracts a copy fee.
Types of Civil Cases Filed in North Carolina Courts
North Carolina Courts receive different types of civil cases throughout the year. All civil cases with an amount in controversy of $25,000 or less are filed with the District Courts. The Superior Courts handle those cases involving amounts over $25,000. Below are the types of civil cases filed within the NC Courts:
- Family law: Handled in the District Court, these involve divorce, child custody and visitation, and child support or alimony.
- Contract disputes: These civil cases arise when one party claims another has breached an agreement, whether written or oral. For example, failure to pay for goods or services, or nonperformance or poor performance in service contracts.
- Torts: These civil cases involve claims that one person's negligence or intentional conduct caused harm to another. Examples are medical malpractice, defamation, or assault.
- Property disputes: Civil suits over ownership, boundary lines, damage, or use of real property.
- Landlord-tenant matters: These involve eviction for nonpayment of rent or lease violations, disputes over security deposits, and claims for property damage or unpaid rent. They are typically filed in small claims courts.
- Probate and estates: These cases involve the administration of a deceased person's estate or issues with wills and guardianship.
- Small claims: Civil cases involving $10,000 or less, which are filed in the Small Claims Courts.
Information Captured in North Carolina Civil Court Files
Civil court records in North Carolina document non-criminal legal disputes between individuals and private or government entities. These records typically include every document filed or generated during the case. Examples include complaints, summons, petitions, motions, court orders, judgments, transcripts, and evidence. Civil court records are stored and indexed by the Clerk of Court in the county where the case was filed, and they are made public upon request. However, clerks typically only release a record after redacting sensitive personal information, such as Social Security numbers or financial account details, to protect privacy. Examples of information captured in North Carolina civil court files include:
- Case summary (case number, case title, court location, and filing date)
- Case information (cause of action, case type, case status, description/remedy)
- Assignment information (case number, court, and date assigned)
- Party information (Plaintiff and defendant's names and addresses)
- Causes of action (date, who filed the case, who the case was filed against, and action type)
- Case events (dates and every event that occurred in the case)
- Dispositions (date, time, judgment, status, court cost, and comment)
- Hearing (date, time, and location)
- Financial information (financial assessment, receipt number, payments, and credits)
Retention and Archiving of Civil Court Records in North Carolina
The NC Records Retention and Disposition Schedule highlights the retention and archiving framework of civil court records in the state. Most civil court records in North Carolina are retained permanently in the record custodian offices and then transferred to the State Records Center, where they are transferred to the custody of the North Carolina State Archives. Examples of these records are divorce and adoption. Other civil court records are kept for a specified period and then destroyed. Destruction may take various forms, including burning, shredding, tearing, or being placed in acid vats or sold as waste paper. The timeframes of some civil court records are:
- Child support records: 3 years.
- Tort: 7 years after the case is closed
- Sealed contracts: 10 years
- All other contracts: 3 years
- Contracts relating to capital improvements: 6 years
References and Official Resources
Below are the official portals and agencies that govern or manage civil court records in North Carolina:
- North Carolina Administrative Office of the Courts (NCAOC): Provides technological support that facilitates electronic filing and case management systems.
- North Carolina Supreme Court and Court of Appeals: Handles civil appeals.
- County Clerk of Court: Maintains civil court records and disseminates them to members of the public upon request.
- Online case search system: The Smart Search, Search Hearing, and Judgment Search portals are good free platforms for finding civil case information.
- North Carolina State Archives: Collects, preserves, and provides public access to old civil court records.