A civil "case" is a single case file number entered into the automated civil system (VCAP), regardless of the number of parties, issues, and claims involved in the case. Each case is counted once, and is categorized by case type according to the priorities explained below.

This is the date on which measuring the age of a case begins.

A civil case is considered filed on the date indicated by the "file-stamped date." This is the date the clerk stamps on the complaint or other initiating document when it is received in the court, and is of legal significance for such things as the statute of limitations. This date can be and often is earlier than the date on which the clerk physically enters the case data into the automated system.

This is the date on which measuring the age of a case ends.

A civil case is considered disposed only when all issues in the case have been disposed, and on the actual date of dismissal or judgment on the last issue disposed. This is the actual date of the dismissal or order; it will often be earlier than the date on which the clerk physically enters the data into the automated system.

Civil cases often have several issues in a given case. For example, it is possible for the same civil case to have contractual, real property and negligence claims in the same case. Since every case is counted only once, it is necessary to have a system for how a case is categorized when multiple issues are involved.

When the CPMS is expanded, a more detailed system will be developed to categorize a civil case by more specific case types (for further details, click here to see the "Future Plans" page). At present, however, the CPMS includes only the following civil case types:

Superior Court Civil Cases: all superior court cases with a "CVS" case file number designation.

Estate Cases: all superior court cases with an "E" case file number designation.

Special Proceedings: all superior court cases with an "SP" case file number designation. Mental health commitments proceedings have "SPC" case file number designations and are not presently included in the CPMS; these are confidential proceedings, and are not presently included in the automated civil system.

Note: these case categories are mutually exclusive. Each superior court civil case can have one and only one case file number designation, CVS, E, SP, SPC or M. (The "M" case file designation stands for "miscellaneous" and is used for various administrative filings, such as claim of lien; these do not represent "cases" in the sense of an underlying dispute for resolution by the court, and are not included in the CPMS.)

Civil Magistrate (or small claim) Cases: any district court case with a "CVM" case file number designation.

Domestic Relations Cases: any district court case with a "CVD" case file number designation, and with one or more domestic relations issue in the case. The domestic relations issues include divorce, child custody and support, visitation, domestic violence protective orders, paternity, and many other issues categorized as domestic in the civil automation (VCAP) system.

General Civil Cases: all other district court civil cases, in effect, any district court case with a "CVD" case file number designation that does not have any domestic relations issue.

Note: Each district court civil case can have one and only one case file number designation, either CVM (for civil magistrate) or CVD (for civil district). In effect, the CVD cases are broken down into two hierarchical categories. If any issue in the case is domestic, the entire case is categorized as domestic, even if non-domestic issues also exist. All other CVD cases are categorized as general civil.

A criminal and infraction "case" is a single case file number entered into the Automated Criminal and Infraction System (ACIS), regardless of the number of charges in the case. If multiple charges are filed against the same defendant in different case file numbers, each case file number is counted as a separate case, even if the charges arose out of the same incident.

Note: In the future, with enhancement to ACIS and related systems, the CPMS will implement a defendant-based system to count all related charges against a single defendant as one "case." In the meantime, a Committee of the State Judicial Council is considering a recommendation that District Attorneys adopt a rule of practice that all related charges against a single defendant be brought in the same case file number.

This is the date on which measuring the age of a case begins.

For district court:

A criminal or infraction case is considered filed on the date that the defendant is arrested or served with the criminal process, as entered by the clerk into ACIS.

The date of service may be later than the date the case is created in the automated system. Some (but not all) clerks enter information about a case before a defendant is served with process. For example, a warrant could be issued for a defendant's arrest, and a case created in ACIS. It could be sometime (if at all) before the defendant is found and served with the process and/or arrested. During that time, there is nothing the court can do with that case, so its inclusion would inappropriately skew (increase) the age of the case. (This only effects cases, such as where a citizen swears out a warrant to a magistrate, where service is necessary after the "case" is initiated. It does not effect cases where the defendant is arrested, or served with the initiating document on the spot, such as in traffic violations.)

For superior court:

Misdemeanor appeals from district to superior court are counted as filed for superior court case age on the date of appeal.

A felony in superior court that began in district court (as most do) is considered filed on the date that the case is transferred from district court to superior court. This usually occurs when a defendant waives the finding of probable cause, or when there is a superceding indictment.

Cases that originate in superior court are considered filed when the defendant is served with process. An example would be where there are already pending charges against a defendant in superior court, and an additional charge is brought arising out of the same incident.

Note:

For future enhancement of the CPMS, the Judicial Council Performance Standards Committee concluded that ideally a criminal case in superior court should be considered filed on the date that the defendant is arrested or served with the criminal process in district court. The approach being used by the CPMS now, explained above -- to count the age of a felony only after it is transferred to superior court -- reflects only the time taken in superior court. It omits the time taken in district court during the probable cause phase, which can be a significant time in the overall life of the case. The Committee concluded that the age of criminal cases should be measured from when the case first began -- in district court -- because the entire case age seems more relevant to the public, including victims. For this to be implemented, however, it will be necessary to review and refine the time guidelines adopted by the Supreme Court in 1996.

This is the date on which measuring the age of a case ends.

A criminal or infraction case is considered disposed only when a disposition has been entered for all charges in the case, and on the date when the last disposition is entered. A felony case in district court is considered disposed on the date the case is bound over to superior court (such as by a waiver or finding of probable cause, or by a superceding indictment) or finally disposed in district court (such as by finding of no probable cause, dismissal, or guilty plea). The disposition date is the actual date of the final disposition, not the date when the data are entered into the automated system (which can be later).

Note: In criminal cases, prosecution may be deferred while the defendant is given a chance to engage in education, restitution or similar corrective action and remain free of new charges. A case can remain pending for quite some time while the deferred prosecution program is in effect. At present, the automated system does not record the fact that a case is in deferred prosecution status. When enhancements are made to the automated system to record this fact, the CPMS will treat such cases as "disposed" for purposes of measuring the ages of cases, so that these cases do not inappropriately skew the age data for the court's overall caseload.

Criminal cases often have several charges brought against a single defendant in a given case. For example, it is possible for a defendant to be charged with one or more felonies (rape, burglary, etc.), one or more misdemeanors (simple assault, trespass, DWI, etc..), and one or more infractions (speeding etc.) in the same case. Since every case is counted only once, it is necessary to have a system for how a case is categorized when multiple charges are involved. When the CPMS is expanded, a more detailed system will be developed to categorize criminal cases by more specific case types (for further details, click here to see the "Future Plans" page). At present, however, the CPMS includes only the following criminal and infraction case types:

Superior Court Criminal Cases are all superior court cases with a "CRS" case file number designation, further categorized as:

Murder Cases: any superior court criminal case that has a first or second degree murder charge, even if less serious charges also exist.

Felony Cases: any superior court criminal case with no first or second degree murder charge, that has any other felony charge, even if less serious charges also exist.

Misdemeanor Cases (other than appeals): any superior court criminal case with no felony charge, that has any misdemeanor charge that is not on appeal from district court, even if the case also has one or more misdemeanor appeals or less serious charges (infractions).

Note: In general, whenever a defendant faces only misdemeanor charges, the charges are heard first in district court. However, when a defendant faces both felony and related misdemeanor charges, both the felonies and the related misdemeanors are tried in superior court. As a practical matter, therefore, this case category consists mostly of misdemeanor charges that relate to felony charges. In the future, after enhancements to the automated criminal system, the CPMS will implement a defendant-based definition of a case, in which all related charges against the same defendant are counted as a single "case". Under this defendant-based definition of a "case," the related misdemeanor and felony charges would be counted as one felony "case" and the superior court misdemeanor category may not be significant.

Misdemeanor Appeals: any superior court criminal case not counted above, in effect, with no felony charge, and one or more misdemeanor charges all of which are on appeal from district court, even if less serious charges (infractions) also exist.

District Court Criminal Cases are all district court cases with a "CR" case file number designation, further categorized as:

Felony Cases: any district court criminal case that has any felony charge (including murder), even if less serious charges also exist. District court felony cases are categorized as probable cause matters, or not, only upon disposition, since that is the only time when it can be known for certain that the case was a probable cause matter.

Non-Motor Vehicle Misdemeanor Cases: any district court criminal case with no felony charge, that has any misdemeanor charge other than a motor vehicle offense, even if motor vehicle and/or less serious charges (infractions) also exist.

Motor Vehicle Misdemeanor Cases: any district court criminal case not counted above, in effect, with no felony charge, and one or misdemeanor charges, all of which are motor vehicle offenses (arising under G.S. Chapter 20, plus a handful of other motor vehicle offenses), even if less serious charges (infractions) also exist.

Infraction Cases: all cases with an "IF" case file number designation. By definition, there are no criminal charges in these cases. At present the CPMS only counts infractions in district court. Although these cases may be appealed to superior court, the CPMS does not at present include infraction appeals.