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Jury Trial Form With Motion In North Carolina
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State:
Multi-State
Control #:
US-000287
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Word;
Rich Text
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FAQ
Superior Court Division Unlike the appellate division that decides only questions of law when a party appeals a case, the Superior and District Court divisions are the trial court divisions that hold trials, and empanel juries to determine the facts of cases.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
The Supreme Court has no jury and makes no determinations of fact, but it considers whether error occurred at trial or in judicial interpretation of the law.
Trials in District Court are always held before a judge, while trials in Superior Court are usually held before a jury, though this right can be waived. Misdemeanors and infractions, as well as juvenile matters, are typically prosecuted in District Court, while felonies are typically prosecuted in Superior Court.
Unlike the appellate division that decides only questions of law when a party appeals a case, the Superior and District Court divisions are the trial court divisions that hold trials, and empanel juries to determine the facts of cases.
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.
In North Carolina, the Superior Court and District Court divisions are the trial court divisions.
This tells the court that there are still disagreements between you and the other party, and a Hearing or Trial is necessary to settle the things you and the other party do not agree about.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
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.