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To file a complaint, a document is prepared by a civil litigation attorney to spell out the facts and define the legal remedies being sought. If the Plaintiff is seeking more than $25,000, the case will usually be filed in Superior Court.
Paper files for court cases may be accessed by visiting the clerk of court's office in the county where the case is located. Copies may be made of court documents for a fee.
The following items must be submitted to the Clerk of Court: (i) complaint; (ii) summons; (iii) cover sheet; and (iv) filing fee. Venue is prescribed by statute. In civil actions, venue is typically the county in which the plaintiff or defendant resides.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
North Carolina's civil statute of limitations laws provide a three-year time limit for personal injuries, fraud, and many other causes of action, but just a one-year limit for defamation.
Court Fees Filing a civil action (includes a $52.00 administrative fee) The administrative fee does not apply to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28 U.S.C § 1915.$402.00Certificate of Good Standing or Duplicate certificate of admission$20.0021 more rows ?
Special Proceedings involve cases such as foreclosures, motor vehicle liens, name changes, adoptions, partitions of real property, incompetency and guardianship proceedings.
People can represent themselves (known as proceeding ?pro se?), but this can be difficult, especially in complex cases. If you choose to represent yourself, you will be held to the same rules of evidence and procedure as a licensed attorney.