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North Carolina Court System
North
Carolina is a court of general
jurisdiction that has both a Superior
and District Court Division. The 12th Judicial District of the North
Carolina Court System is location in Cumberland County
 The Superior
Court Division
The Civil
jurisdiction of the superior court is concurrent with that of the
district court. Cases involving more than $10,000 in money and a few
special categories of cases (injunctions, constitutional issues, eminent
domain actions, corporate receiverships; as well as review of certain
administrative agency rulings, special proceedings, and matters on appeal
from the clerk), are usually tried in superior court. A jury of twelve
persons is available in civil cases. However, counsel may elect to try an
action by jury or by judge. All civil matters filed in the superior court
division are subject to a Mediated Settlement Conference prior to trial.
The Criminal
jurisdiction of the superior court provides for exclusive jurisdiction
over the disposition of all felonies (major crimes) and
jurisdiction over any misdemeanors and infractions appealed from a
conviction in district court. This is the only level of court where the
defendant has a right to trial by jury. A jury of twelve is required and a
verdict must be reach unanimously and beyond a reasonable doubt.
Sentencing in criminal offenses, [except Driving While Impaired] are
subject to structured sentencing provisions.
The Estates and
Special Proceedings
jurisdiction of the superior court is exclusive to the Clerk of Superior
Court. The original, exclusive jurisdiction includes all matters of
probate and administration of decedent's estates, administration of
guardianships and trusts and supervision of other fiduciaries; as well as
adoptions, foreclosures, incompetence, boundary disputes, and other
special proceedings
The District Court Division
is somewhat
complicated to explain.
The Civil jurisdiction
of the District Court is proper for cases involving amounts in
controversy of $10,000 or less. However, with concurrent jurisdiction of
civil cases between the district and superior court, no case is ever
"thrown out" of either division for failure of parties to
follow this rule, although a case may be transferred to the proper division.
These cases are subject to Court-Ordered Arbitration prior to trial. A
jury may be requested for trial of a civil case before a district court
judge or the party may request trial by judge.
The Civil
Domestic/Family Court jurisdiction (divorce, equitable distribution
of property, custody and support of children) are properly the business
of the district court. Matters involving child custody are subject to the
provisions of Child Custody/Visitation Mediation and Parenting Education,
and matters involving equitable distribution of property are subject to
the provisions of Equitable Distribution and Family Financial Mediation.
The Criminal
jurisdiction of the district court is less complicated. The district
court has authority in felony cases to conduct preliminary hearings to
determine whether there is probable cause to bind the defendant over to
the grand jury for indictment to stand trial in superior court. The
district court has exclusive original jurisdiction for the disposition of
misdemeanor and infraction cases which, if tried, is by judge. Some
misdemeanor and infractions may be resolved before the Clerk of Superior
Court or Magistrate upon a plea of guilty without appearing in court.
Some cases involving disputes may be referred by the District Attorney to
the Cumberland
County Dispute
Resolution Center for mediation. Sentencing
in criminal offenses, [except Driving While Impaired] are subject to
structured sentencing provisions.
The Juvenile/Family Court jurisdiction is both
civil and criminal. Juvenile cases are initiated by petition and a judge
conducts the hearings, with appointed attorneys to represent the
juvenile. Civil cases are children under the age of eighteen who
are "dependent," "neglected" or "abused."
Criminal cases are children under age sixteen that are
"delinquent" or "undisciplined". An undisciplined or
delinquent juvenile is placed under the supervision of the NC Department
of Juvenile Justice and Delinquency Prevention. In some criminal actions
the court may find reasonable grounds to bound the case over to
the criminal superior court for hearing where the juvenile would be tried
as an adult.
The Small Claim’s jurisdiction is exclusive to the Magistrate.
The magistrate hears cases for money owed not to exceed (dollar
amount) as well as summary ejectment (landlord’s action to remove
a tenant) cases. Trial is always without a jury and appeal is to the
District Court.
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