Magistrate's Order: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Magistrate's Order
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Divorce. Child custody. Child support. Cases involving less than $25,000.
Summary offences such as most motoring offences, less serious assaults and many public order offences, which can only be dealt with in the magistrates' courts. For these offences, magistrates will decide bail (in the more serious cases), taking a plea guilty or not guilty deciding verdict and passing sentence.
Magistrate judges perform a wide range of duties in civil and criminal cases. In civil cases, they will hear pre trial motions, conduct settlement and pre trial conferences, and may, on assignment, handle dispositive motions and, with the consent of the parties, may conduct the trial.
A magistrate is an independent judicial officer, recognized by the North Carolina Constitution as an officer of the district court. Magistrates perform numerous duties in both civil and criminal proceedings.A magistrate serves an initial term of two years, with subsequent terms of four years.
§ 132-1, and a specific statute about court records, N.C. Gen. Stat. A§ 7A-109(a). The court records statute requires that all records be open to public inspection, except as prohibited by law.
(b) To be eligible for nomination as a magistrate, an individual shall have at least eight years' experience as the clerk of superior court in a county of this State or shall have a four-year degree from an accredited senior institution of higher education or shall have a two-year associate degree and four years of
Magistrates have fewer and more limited powers than judges. They can hear different types of cases. Judges generally hear larger, more complex cases while magistrates hear smaller matters such as petty crime and traffic offenses.Magistrates have a smaller area of jurisdiction such as a city or county.
Appellate Division. Superior Court Division. District Court Division.
Magistrate judges perform a wide range of duties in civil and criminal cases. In civil cases, they will hear pre trial motions, conduct settlement and pre trial conferences, and may, on assignment, handle dispositive motions and, with the consent of the parties, may conduct the trial.