Do I need a lawyer?

If you are involved in a court case, or if you believe you have a claim against someone else or that someone else may have a claim against you, it is recommended that you contact an attorney for advice and/or representation. An attorney can explain your rights and obligations, advise you of the possible outcomes of your case based on the facts, attempt to negotiate a resolution of your case without a trial, file legal documents on your behalf, and represent you in any hearings.

In most cases, you have the right to represent yourself if you choose not to hire an attorney or are not able to do so. This is called proceeding “pro se.” If you represent yourself, you will be held to the same rules of procedure and evidence as a licensed attorney. These rules can be complicated, and there is not a single source of legal rules, which can be found in statutes, court decisions, and regulations, among other sources. Because of this, representing yourself can be difficult.

 

I would like to hire a lawyer. How do I find one?

Many people find lawyers based on personal recommendations from family or friends. Other attorneys in the area are often happy to recommend an attorney who may be able to assist you with your legal problem. There are also many online resources that can help you find a lawyer in your area.

 

The North Carolina State Bar, which is the governing body for lawyers, keeps a list of lawyers who are certified specialists in different areas of law, such as criminal law, estate planning, or workers’ compensation. You may find that information online. The North Carolina State Bar also keeps a directory of all licensed attorneys, which you can search either by name or by city and state. This directory provides some contact information as well as information about whether the lawyer has ever been disciplined for misconduct. You may find that directory online.

 

The North Carolina Bar Association, a private statewide lawyers’ organization, runs the Lawyer Referral Service, which provides referrals to potential clients. Not all lawyers participate in the Lawyer Referral Service, but participating lawyers agree to charge no more than $50 for an initial, 30-minute consultation. You can get a referral through the service by calling 1-800-662-7660 or online.

 

The North Carolina Advocates for Justice is a private association of attorneys geared toward representing individuals in cases such as personal injury, medical malpractice, workers’ compensation, employment, civil rights, immigration, family law, and criminal and juvenile defense. The organization keeps a directory of lawyers based on location, languages spoken and practice areas. You may find that directory online.

 

The North Carolina Association of Defense Attorneys is a private organization of attorneys geared toward representing businesses and individuals in civil (not criminal) cases such as medical malpractice, workers’ compensation, construction, employment, and commercial law. The organization keeps a directory of lawyers based on geographical location, which you can find online.

 

You can find additional referral information and resources for the public, including information about how to choose the right lawyer for your case, through the State Bar.

 

How much does it cost to hire a lawyer?

Lawyers must charge reasonable fees, based on many factors, including the lawyer’s experience and skill, the complexity of the case, the amount of time and work involved, and other factors. In some cases, lawyers may charge “contingent fees,” meaning that the lawyer keeps a percentage of the money the client receives from the case rather than charging the client at the beginning. When hiring a lawyer, you should make sure you understand what you will be charged. You can find the rules about lawyers’ fees online.

 

Does it matter where my attorney’s office is located?

Most people hire attorneys who regularly practice in the county where the court case is filed. Some attorneys may be willing to travel for a case, but may charge travel expenses to the client. If your case is in the North Carolina state courts, at least one attorney involved in your case must be licensed to practice in North Carolina.

 

Can I get a court-appointed lawyer?

Court-appointed lawyers are available in certain cases for people who are unable to afford to hire an attorney. These cases include criminal cases where jail or prison time or a fine over $500 is a possibility; cases where Child Protective Services seeks to remove a parent’s children from the home; and cases involving involuntary commitment to a mental health facility or a petition to find a person incompetent and appoint a guardian. Court-appointed attorneys are not available for minor traffic violations or for most civil cases, such as divorce, child custody, Domestic Violence Protective Orders, evictions, foreclosures, or cases in which a person or company sues someone for money. You can find a full list of situations in which an attorney can be appointed.

 

How do I get a court-appointed lawyer in a criminal case?

You can request a court-appointed lawyer after you are charged with a crime. When you appear in court, the judge will ask you whether you want to have an attorney appointed, hire your own attorney, or represent yourself. If you want a court-appointed attorney, you may need to give the court information under oath about your income and expenses, so that the judge can determine whether you can afford to hire an attorney. Depending on your county, you may be appointed a public defender or a private attorney from an appointment list. In some counties, you may meet with your attorney on the same day. In other counties, information about your attorney will be provided to you so that you can contact the attorney. See the Criminal Law Help Topic for more information about court-appointed attorneys in criminal cases.

 

How can I find free legal assistance if I can’t afford an attorney?

Numerous organizations in North Carolina provide free legal assistance in specific types of cases. Note that all of these programs have their own eligibility criteria and application processes.

eCourts Guide & File is available to help users prepare court documents online to file for certain case types.

 

• Legal Aid of North Carolina provides free legal assistance to low-income people across the state in a variety of legal areas, including domestic violence, landlord/tenant, foreclosure, public benefits, unemployment, consumer, education, criminal record expunctions, senior law, veterans’ law, and human trafficking cases. You can apply for assistance by calling 1-866-219-5262 or online.
• Legal Aid of North Carolina runs group informational clinics across the state, where volunteer attorneys provide information about legal issues including divorce, child custody, tenants’ rights, and employees’ rights. You can view the clinic calendar online.
• The North Carolina Justice Center provides free legal assistance in cases including consumer protection, foreclosure, housing discrimination, immigration, immigrants’ rights, and workers’ rights. You can view the organization’s website.
• Disability Rights North Carolina provides free legal services in some disability-related cases to people with disabilities. You can view the organization’s website.
• North Carolina Prisoner Legal Services provides free legal services in certain types of cases to people who are incarcerated. You can view the organization’s website.
• North Carolina’s law school clinics provide a variety of free legal assistance, in areas including bankruptcy, landlord/tenant, education, community economic development, immigration, domestic violence, and senior law. You can find out more about each law school’s clinics by visiting their webpages: Campbell University School of Law (Raleigh), Duke University School of Law (Durham), Elon University School of Law (Greensboro), North Carolina Central University School of Law (Durham), UNC School of Law (Chapel Hill), Wake Forest University School of Law (Winston-Salem).
• The North Carolina Bar Association offers various services, including its annual 4ALL Statewide Service Day, where lawyers across the state provide free legal information by phone; NC Free Legal Answers, a virtual legal advice clinic; and NC LEAP, which provides legal services to low-wealth entrepreneurs.
• If you are a college student or member of the U.S. military, your school or branch of the military may offer some free legal services.
• Law firms, law schools, and nonprofit organizations periodically hold legal clinics, in which people can have one-on-one meetings with an attorney or law student to discuss their legal problems or for assistance in preparing some legal documents such as simple wills. You can find out more about legal clinics in your area through service providers or notifications in your local newspaper.
• Additional organizations provide assistance related to specific legal issues. You can view directories of North Carolina legal service providers on LawHelpNC and on the NCBA’s website.

 

How should I prepare for court?

• If you have an attorney, talk with your attorney in advance to share information about your case and learn about what to expect.
• Make sure you know your attorney’s name and have contact information for him or her. In counties that allow cell phones in the courthouse, you may be asked to contact your attorney if he or she is not in court.
• Find out which courtroom your case is scheduled for before court starts. Search for your court date by name, case number, attorney, and more. Also, see the civil or criminal calendars by county, and the local administrative schedules by county, for additional information. You may also call the county clerk of court’s office for court date information.
• Depending on your county, court may last all day or half a day. Find out in advance when court begins and how long the session of court will be. Your attorney or the clerk of court can provide this information. Be prepared to be in court for the entire session unless your attorney advises you otherwise.
• Find out whether your county allows cell phones to be brought into the courthouse. If so, ensure that your ringer is turned off during court. If your county does not permit cell phones and you have evidence on your cell phone, you can ask your attorney, or a clerk of court if you do not have an attorney, about getting permission to bring your cell phone into the courthouse.
• If you have a disability and need accommodation, contact the Disability Access Coordinator for your county in advance. See the Disability Access Help Topic for more information.
• If anyone involved in your case needs an interpreter, request one in advance if possible. See the Language Access Help Topic for more information.
• If you have young children, arrange for their care during the time you will be in court.
• Gather evidence for your case. Print out evidence stored on your phone, such as pictures. Unless your attorney instructs you otherwise, bring with you any evidence, such as documents you want the court to consider, and any witnesses who plan to testify for you. Once your trial starts, the judge will generally not stop the trial to allow you to get evidence or witnesses that are not in court.

 

What should I do on the day of court?

• Dress to show respect for the court. Some courtrooms have specific dress codes for parties appearing in court. Temperatures in courtrooms can vary, so dress in layers to ensure that you are comfortable.
• Arrive early to make sure you have time to park, go through security and be in the courtroom by the time court begins. Courthouses in smaller towns often have free courthouse parking, but in cities you will typically need to pay for street or garage parking nearby.
• Bring the court documents related to your case with you, as well as any evidence you plan to present.
• Bring a pencil and paper to court with you. You may need to take notes about your case or to write down your next court date if the case is “continued,” or postponed.
• Be prepared to wait several hours for your case to be heard. You may wish to bring a book or magazine to read while waiting.
• Make sure you are in the right courtroom. In many courthouses, a “docket,” or list of cases scheduled in a particular courtroom on a particular day, will be posted on a wall outside the courtroom.
• Show respect for the court, for courthouse staff, and for other litigants. While the judge is handling other cases, do not talk in the courtroom except to your attorney or court personnel. When your case is called, do not interrupt or argue with the judge. It is appropriate to address a judge as “Your Honor” or “Judge.”
• Follow the instructions of the judge and court personnel. Different judges may manage their courtrooms differently.

 

What should I expect in court?

In most courtrooms, many cases will be scheduled at the same time. The judge, or the prosecutor in a criminal case, will typically begin court by calling the names of everyone with a case scheduled that day. Answer loudly and clearly when your name is called to ensure that the judge knows you are present.

 

Listen closely in case your name is mispronounced. If you do not hear your name called, let the bailiff or prosecutor know as soon as possible. You may be in the wrong courtroom.

 

The judge or prosecutor will then handle the cases one by one. Each judge may handle cases in a different order: for instance, some judges may begin with the cases expected to take the least time, while others may handle cases in the order in which they were filed. You should be prepared for your case to be heard either at the beginning of court or later in the session. The judge will call you to the front of the courtroom when he or she is ready for your case.

 

Who are the personnel in the courtroom?

• Judge: The judge is an elected official who is in charge of the courtroom. The judge usually wears a robe and sits at the front of the room. The judge presides over cases, rules on various matters, and decides the outcome of a trial if there is not a jury.

   

• Magistrate:The magistrate is an appointed court official.In small claims court, the magistrate has the role of a judge, is in charge of the courtroom and decides cases.

   

• Clerk of Court: The Clerk of Superior Court is an elected official who is responsible for court recordkeeping.Clerks also decide certain types of cases. The elected clerk of court hires assistant and deputy clerks of court to assist with the business of the courts. In “special proceedings,” (which includes adoptions, incompetency proceedings, and foreclosures), and estate administration, the clerk has the role of a judge and decides cases. In a courtroom with a judge, the courtroom clerk is responsible for keeping track of the results of cases and making a recording of the court session, if a recording is required. The clerk of court also has an office in each courthouse where people file court documents and make payments.

   

• Bailiff: The bailiff is a local sheriff’s deputy or private security officer who is responsible for keeping everyone safe and maintaining order in the courtroom. The bailiff will typically be in uniform. If you have questions or concerns in court, you can speak to the bailiff.

   

• Prosecutor: The District Attorney (DA), or prosecutor, is an elected official who is responsible for prosecuting criminal cases. The elected District Attorney hires assistant district attorneys (ADAs) to assist with prosecutions. The DA or ADA manages and prosecutes criminal cases and juvenile delinquency cases.

   

• Victim/Witness Coordinator: A victim/witness coordinator is a staff person who assists the District Attorney’s office in communicating with victims and witnesses in criminal cases. The victim/witness coordinator may attend criminal court.

 

What if the other party’s attorney wants to talk to me at court?

It is common for parties to try to resolve their cases by agreement while in court. If you are represented by an attorney and the other party’s attorney approaches you, explain that you are represented. When you have an attorney, the other party’s attorney cannot talk to you about the case without your attorney present. If you do not have an attorney, you may choose whether or not you want to speak to the other party’s attorney about the case. Keep in mind that the other party’s attorney cannot give you legal advice and can use your statements against you.

 

Are there breaks during court?

Almost all courtrooms will have a lunch break, typically for an hour or an hour and a half. Most courtrooms also have a mid-morning and mid-afternoon recess of approximately 10-15 minutes. A judge with a large number of cases may not take breaks.

 

What if I need to leave the courtroom?

If you need to leave the courtroom temporarily while court is in session, you should make sure the bailiff or someone else in the courtroom knows where you are. If you need to leave while the judge is handling your case, you must ask permission from the judge. If you need to leave court for the day and your case has not yet been called, you should speak to your attorney, or to the prosecutor if you do not have an attorney, so that your case can be brought to the judge’s attention to request a “continuance,” or postponement to another court date. Keep in mind that the judge may require you to stay in court until your case is handled.

 

Trials

What typically happens in a trial?

 

Trials can be before a judge or jury. A typical trial includes the following stages:

Opening Statement: Parties use an opening statement to preview their case for the judge or jury. Parties are not required to make an opening statement.

Plaintiff’s or Prosecution’s Case: Because the plaintiff (in a civil case) or the prosecution (in a criminal case) is required to prove its case first, this party presents evidence first. Evidence can include a party’s testimony, witness testimony, photographs, videos, recordings, and documents. After each witness testifies, the other party has the opportunity to “cross-examine” that witness by asking questions of him or her.

Defendant’s Case: After the plaintiff or prosecution finishes presenting its evidence, the defendant also has the opportunity to testify, call witnesses and present evidence. The plaintiff or prosecution may cross-examine any witness who testifies.

Rebuttal: After the defendant finishes putting on its case, the plaintiff or prosecution may respond to the defendant’s evidence by calling witnesses or presenting evidence to address the evidence the defendant presented. The defendant may cross-examine any witness who testifies.

Closing Arguments: Parties use closing arguments to summarize their case for the judge or jury. Closing arguments are the parties’ opportunity to argue why their side should win the case and what they want the judge or jury to decide. Parties are not required to make closing arguments. Closing arguments cannot include new evidence or information that was not presented in the trial.

 

How should I prepare to be a witness in court?

Testifying in court typically includes two parts: “direct examination,” when the party or attorney who called you as a witness asks you questions, and “cross-examination,” when the other party or attorney asks you questions. You can talk to the attorney who will be calling you as a witness about the subjects he or she plans to ask you about, and the questions he or she expects the other party to ask you.

Typically, direct examination consists of open-ended questions, while cross-examination consists of “yes or no” questions. When testifying, you should listen closely to the questions you are asked and answer those questions. If you do not understand the question, you can ask the attorney to repeat or rephrase it. You can take a moment to think about the questions before answering.

When testifying, you will be under oath. If you do not know or do not remember the answer to a question, you can state that you do not know or do not remember.

If there is an objection while you are testifying, you should stop speaking until the judge rules on the objection. If the judge says “overruled,” your testimony on that matter is allowed. If the judge says “sustained,” that testimony is not allowed, and you should wait for the next question.

 

How should I question witnesses if I am representing myself?

If you are representing yourself, you may call witnesses to help prove your case, and you may ask questions of the other party’s witnesses at the end of their testimony. You must arrange to have your witnesses arrive in court on the trial date, either by getting their agreement to come to court or by having a subpoena issued and served to require their attendance.

When you question your witnesses, this is called “direct examination.” You must ask your witnesses open-ended questions, such as “What did you see?” or “When did you speak to me about the case?” Questions that begin with “who,” “what,” “when,” “where,” “why,” or “how” are typically open-ended questions. When you question the other side’s witnesses, this is called “cross-examination.” On cross-examination, you may ask leading questions, such as “Didn’t you see me on the day of the incident?”

 

How can I subpoena a witness to court?

You can require a witness to attend court and/or bring documents to court through a subpoena. To be valid, a subpoena must be signed by an attorney, clerk of court, judge, or magistrate. If you are representing yourself, a judge or clerk of court in the county where your case is located may be able to sign a subpoena for you. Be prepared to explain why you need the witness in court. After the subpoena is signed, you must then “serve” it on the witness, by arranging to have the sheriff deliver it or by sending it through certified mail, return receipt requested. In non-criminal cases, you must also send a copy of the subpoena to the other party in the case, which can be done via first class mail. Subpoenas should be issued as early as possible to ensure that there is time for service and advance notice to the witness. The subpoena form contains more information about subpoenas.

 

How should I prepare my evidence if I am representing myself?

You should bring three copies of any documents you want to show the court: one copy for the judge, one copy for you, and one copy for the other party. If you only bring one copy, you should be aware that the court may need to keep that copy in the court file.

 

Print out any evidence that is on your phone, such as pictures, text messages, or emails. The judge may or may not be able to view evidence that is on your phone.

 

If you wish to present a video or recording, bring a device to court that is capable of playing the video or recording. In some courthouses, you may need advance permission to bring electronic devices to court.

 

How should I present evidence if I am representing myself?

You should tell the judge what you want to present and how you know that the evidence is authentic.

 

You may also call witnesses with personal knowledge to testify that the evidence you want to be considered is authentic. The bailiff will typically take the evidence from you and show it to the other party. The bailiff will then typically hand the evidence to the judge.

 

Can I make objections while representing myself?

Yes, but your objections must be based on the Rules of Evidence. For instance, you can object if the testimony is irrelevant or is hearsay.

 

Will the judge or jury make a decision immediately?

Judges typically announce their decisions at the end of a trial, but in some cases may take more time to consider the evidence and issue a decision later. Juries will begin deliberations when the trial ends, but may take hours or days to reach a decision.

 

After Court

How do I get a copy of my court order?

 

In civil cases, a copy of a court order in your case will typically be mailed to you. You should make sure that the Trial Court Coordinator has current contact information for you. If you do not receive a copy in the mail, you can visit the clerk of court’s office in the county where the case was decided and request a copy. It is your responsibility to ensure that you abide by any court order in your case.

 

How can I find out what happened in a case?

Most court records are public information, and you can view a court file by visiting the clerk of court’s office in the county where the case took place and requesting the file. However, some court records are confidential, such as juvenile proceedings, involuntary hospitalizations, and cases sealed by a judge. You can look up the results of North Carolina criminal cases at the public terminals located in each clerk of court’s office, or you can ask a clerk of court’s office for assistance in locating records. See Court Records Help Topic for more information.

 

What if I want to appeal the court’s decision?

You should consult with an attorney immediately. There are short deadlines and technical requirements for appealing decisions which vary based on the case type.

 

 

Going to Court Basic Information

If you or a family member or friend are about to go to court, let us help navigate the way through the process.

 

How should I prepare for court?

If you have an attorney, talk with your attorney in advance to share information about your case and learn about what to expect.

 

Make sure you know your attorney’s name and have contact information for him or her. In counties that allow cell phones in the courthouse, you may be asked to contact your attorney if he or she is not in court.

 

Find out which courtroom your case is scheduled for before court starts. Search for your court date by name, case number, attorney, and more. Also, see the civil or criminal calendars by county, and the local administrative schedules by county, for additional information. You may also call the county clerk of court’s office for court date information.    

 

Depending on your county, court may last all day or half a day. Find out in advance when court begins and how long the session of court will be. Your attorney or the clerk of court can provide this information. Be prepared to be in court for the entire session unless your attorney advises you otherwise.

 

Find out whether your county allows cell phones to be brought into the courthouse. If so, ensure that your ringer is turned off during court. If your county does not permit cell phones and you have evidence on your cell phone, you can ask your attorney, or a clerk of court if you do not have an attorney, about getting permission to bring your cell phone into the courthouse.

 

If you have a disability and need accommodation, contact the Disability Access Coordinator for your county in advance. See the Disability Access Help Topic for more information.

 

If anyone involved in your case needs an interpreter, request one in advance if possible. See the Language Access Help Topic for more information.

 

If you have young children, arrange for their care during the time you will be in court.

 

Gather evidence for your case. Print out evidence stored on your phone, such as pictures. Unless your attorney instructs you otherwise, bring with you any evidence, such as documents you want the court to consider, and any witnesses who plan to testify for you. Once your trial starts, the judge will generally not stop the trial to allow you to get evidence or witnesses that are not in court.

 

What should I do on the day of court?

Dress to show respect for the court. Some courtrooms have specific dress codes for parties appearing in court. Temperatures in courtrooms can vary, so dress in layers to ensure that you are comfortable.

 

Arrive early to make sure you have time to park, go through security and be in the courtroom by the time court begins. Courthouses in smaller towns often have free courthouse parking, but in cities you will typically need to pay for street or garage parking nearby.

 

Bring the court documents related to your case with you, as well as any evidence you plan to present.

 

Bring a pencil and paper to court with you. You may need to take notes about your case or to write down your next court date if the case is “continued,” or postponed.

 

Be prepared to wait several hours for your case to be heard. You may wish to bring a book or magazine to read while waiting.

 

Make sure you are in the right courtroom. In many courthouses, a “docket,” or list of cases scheduled in a particular courtroom on a particular day, will be posted on a wall outside the courtroom.

 

Show respect for the court, for courthouse staff, and for other litigants. While the judge is handling other cases, do not talk in the courtroom except to your attorney or court personnel. When your case is called, do not interrupt or argue with the judge. It is appropriate to address a judge as “Your Honor” or “Judge.”

 

Follow the instructions of the judge and court personnel. Different judges may manage their courtrooms differently.

 

What should I expect in court?

In most courtrooms, many cases will be scheduled at the same time. The judge, or the prosecutor in a criminal case, will typically begin court by calling the names of everyone with a case scheduled that day.

 

Answer loudly and clearly when your name is called to ensure that the judge knows you are present.

 

Listen closely in case your name is mispronounced. If you do not hear your name called, let the bailiff or prosecutor know as soon as possible. You may be in the wrong courtroom.

 

The judge or prosecutor will then handle the cases one by one. Each judge may handle cases in a different order: for instance, some judges may begin with the cases expected to take the least time, while others may handle cases in the order in which they were filed. You should be prepared for your case to be heard either at the beginning of court or later in the session. The judge will call you to the front of the courtroom when he or she is ready for your case.

 

Can I make objections while representing myself?

Yes, but your objections must be based on the Rules of Evidence. For instance, you can object if the testimony is irrelevant or is hearsay.

 

Will the judge or jury make a decision immediately?

Judges typically announce their decisions at the end of a trial, but in some cases may take more time to consider the evidence and issue a decision later. Juries will begin deliberations when the trial ends, but may take hours or days to reach a decision.

 

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