North Carolina Court Types

Superior Courts have general jurisdiction over all civil and criminal cases, and generally handle cases that are beyond the jurisdiction of District Courts.

Criminal cases heard by Superior Courts include all felonies, some misdemeanors and lesser-included offenses.

Civil cases heard by Superior Courts include general civil claims with more than $10,000 in dispute, exclusive of interest and costs. Superior Courts also handle cases without financial thresholds, such as certain types of injunctions and requests for declaratory relief, constitutional rights, eminent domain, most administrative agency decisions, adoptions and complex business issues.

Superior Courts have exclusive jurisdiction over proceedings in probate and the administration of estates for decedents. Superior Courts have original jurisdiction over most guardianship cases, but if a Family Court division is in operation in the area, the Family Court division will hear most guardianships.

Family Court divisions operate out of District Courts and typically handle cases involving divorce, child custody and visitation, child support, domestic violence, juvenile delinquency, child neglect, child abuse, termination of parental rights, paternity, abortion consent waivers, guardianships and involuntary commitments. Family Court divisions do not exist in all courts, and when no Family Court division has territorial jurisdiction over a case, the case will be heard in an appropriate division of Superior or District Court.

A Superior Court may have specialized divisions for Adult Drug Treatment Court, Family Drug Treatment Court, and Youth Treatment Court.

The North Carolina Business Court is a specialized court division composed of Superior Court judges that handle complex business cases with significant or complicated issues of corporate or commercial law. The Business Court handles cases for the entire state from three main locations in Greensboro, Charlotte and Raleigh.

Clerks of Superior Courts handle records for both Superior Courts and District Courts.

District Courts have jurisdiction over certain types of civil and criminal cases.

Criminal cases heard by District Courts include most misdemeanors, most infractions and municipal ordinance violations. District Courts also conduct preliminary hearings for all types of criminal cases and can receive guilty pleas in some felony cases.

Civil cases heard by District Courts include general civil claims for less than $10,000, exclusive of interest and costs. District Courts also handle appeals of county game commission decisions, domestic violence protection cases and requests for civil no-contact orders.

District Courts each have a Small Claims Court division that handles most general civil claims for less than $5000, exclusive of interest and costs. Small Claims Court divisions handle claims for the recovery of money, the recovery of personal property and summary ejectment (eviction).

District Courts also handle domestic relations cases and juvenile matters. Domestic relations cases include divorce, annulment, domestic violence protection, child custody, child support, paternity, equitable distribution of property, alimony and cases related to separation or property settlement agreements between spouses. Juvenile matters include juvenile dependency, child neglect, child abuse, emancipation, termination of parental rights, foster care, judicial consent for abortion, juveniles alleged to be undisciplined and juvenile delinquency.

Some District Courts operate specialized Family Court divisions that handle cases that would otherwise be filed in Superior or District Courts. If a Family Court division exists, most domestic relations, mental health and juvenile cases are heard by the Family Court division. Some juvenile delinquency cases may be transferred to Superior Court for prosecution of the juvenile as an adult.

A District Court may have specialized divisions for Adult Drug Treatment Court, Family Drug Treatment Court, and Youth Treatment Court.

The Clerk of the Superior Court handles record keeping for both the superior court and the district court.

The North Carolina Business Court is a specialized court division composed of Superior Court judges that handle complex business cases with significant or complicated issues of corporate or commercial law.

Cases generally handled by the Business Court include issues of securities law, antitrust law, State trademark law, most unfair competition laws, intellectual property, the Internet, electronic commerce and biotechnology.

The Business Court handles cases for the entire state from three main locations in Greensboro, Charlotte and Raleigh.

Family Courts are specialized court divisions that exist in some District Courts. These court divisions are currently in a limited pilot phase, and may expand in the future.

Family Court divisions handle domestic relations, mental health and juvenile cases that would otherwise be heard by Superior or District Courts. In areas without Family Court divisions, cases will be heard in the appropriate division of Superior or District Court.

Family Court divisions typically handle domestic relations and juvenile cases, including divorce, child custody, visitation, child support, domestic violence protection, juvenile delinquency, child protection, termination of parental rights, paternity, abortion consent waivers, guardianships and involuntary commitments.

Family Court divisions currently operate in Durham County, Anson, Richmond, and Stanly Counties, Union County, Mecklenburg County, Cumberland County, Halifax County, New Hanover and Pender Counties, Wayne, Lenoir and Greene Counties, Burke, Caldwell and Catawba Counties, Buncombe County and Wake County. Divisions are also being developed for Pitt County and Randolph County.

Superior Courts and District Courts may have specialized divisions for Adult Drug Treatment Court, Family Drug Treatment Court and Youth Treatment Court.

Adult Drug Treatment Courts work with eligible repeat offenders. Family Drug Treatment Courts work with eligible parents who risk losing custody of their children due to abuse or neglect. Youth Treatment Courts work with eligible youth in the juvenile justice system. Some Drug Treatment Court divisions have a Mental Health Treatment Court subdivision or component.

These court divisions are currently in a limited pilot phase, and may expand in the future.