Organization of the Court System
The Court System is organized into trial courts and appellate courts. Trial courts hear criminal, civil and Clerk of Superior Court cases. Appellate courts hear cases that are appealed from the trial courts.
Trial Courts
In criminal cases, the Magistrate issues a warrant and sets bail. District Court tries misdemeanor cases (maximum punishment of 2 years in jail), and traffic cases. There is no jury in district court. The Superior Court tries felonies (punishment of over 2 years in jail) and misdemeanor appeals. Superior court trials have juries. The District Attorney prosecutes the case and a defense attorney (or Public Defender in some cases) represents the defendant. For more detailed information on the North Carolina Court System you may click here.
Civil cases begin when one party files papers with the Clerk of Court and serves them on the other party. Civil cases include domestic relations cases, juvenile cases, and suits for money. Domestic relations and juvenile cases are heard in District Court. Suits for money are heard in small claims court by a Magistrate if the amount is $10,000 or less. District Court hears claims up to $25,000 and Superior Court hears claims above $25,000.
In addition to keeping records and handling money, the Clerk of Superior Court is a judge in some kinds of cases. These include probating wills; determining incompetence; and conferring authority to adopt, foreclose, sell property, and handle money for people who are unable to handle their own.
Appellate Courts
When parties are dissatisfied with the results of their cases in trial courts, they may appeal to an appellate court. The appellate courts only consider errors of law.
Learn more about the court system.
