NC eCourts File and Serve: Electronic Filing for Guardianship and Custody Cases
North Carolina has completed the eCourts rollout across all 100 counties. The available filing method can still depend on the case type and the rules for self-represented filers, so check with the county clerk before submitting.
What eCourts Covers
The eCourts system includes two components relevant to kinship caregivers:
File & Serve is the electronic filing portal. Attorneys and registered self-represented litigants submit petitions, complaints, motions, and supporting documents electronically instead of delivering paper copies to the clerk's office.
Portal is the public case records system. Once a case is filed, docket entries, hearing dates, and filed documents become searchable through the Portal.
File & Serve and Portal are available statewide. The filing options for a particular case type may differ, even in a county using eCourts.
eCourts and Chapter 50 Custody Cases
Civil domestic actions under Chapter 50 — including non-parent custody complaints — are supported by eCourts. If File & Serve accepts your case type, you can file:
- The complaint for custody
- Civil summons (AOC-CV-100)
- Domestic civil action cover sheet (AOC-CV-750)
- UCCJEA affidavit (AOC-CV-609)
- Servicemembers Civil Relief Act declaration (AOC-G-250)
- Petition to proceed as an indigent (AOC-G-106)
- Subsequent motions and responses
To use File & Serve as a self-represented litigant, you must create an account and register. The system walks you through case type selection, document upload, and electronic payment of filing fees.
eCourts and Chapter 35A Guardianship
Special proceedings — including minor guardianship applications under Chapter 35A — can have different filing options from Chapter 50 civil cases. Confirm with the Clerk of Superior Court whether AOC-E-208 can be filed through File & Serve or must be submitted on paper.
Check with your county's clerk before assuming electronic filing is available for a guardianship application. The clerk's office can tell you whether AOC-E-208 (the minor guardianship application) must be filed on paper or can go through File & Serve.
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When Paper Filing Is Required
If the clerk says your case type must be filed on paper, deliver the documents to the Clerk of Superior Court's office. Bring:
- The original signed documents and any affidavits that must already be notarized or verified under oath
- At least one copy for each defendant or respondent who must be served
- One copy for your own records
- Filing fee payment (cash, check, or money order — credit card acceptance varies by county)
Some clerks' offices will make copies for you at a per-page charge, but it is safer to arrive with copies already prepared.
Practical Tips for Either System
Regardless of how you file, certain requirements apply:
- Notarization must happen before filing. The AOC-E-208 guardianship application and the AOC-CV-609 UCCJEA affidavit both require notarized signatures. You cannot file these electronically and notarize later.
- Filing fees are due at submission unless you have filed and been approved for an indigent fee waiver (AOC-G-106). File the fee waiver petition first or simultaneously with your main filing.
- Service of process is separate from filing. Filing your documents with the court does not serve the other parties. You still need to arrange sheriff service, certified mail, or another approved method under Rule 4.
- Keep copies of everything. If filing on paper, keep a file-stamped copy. If filing electronically, download the confirmation receipt and copies of all uploaded documents.
Checking Your Case Type's Filing Options
The North Carolina Judicial Branch provides eCourts filing information. You can also call the clerk's office directly — it can confirm whether your specific case type (Chapter 35A special proceeding or Chapter 50 domestic action) is available for electronic filing or must be filed on paper.
The North Carolina Guardianship and Custody Court Process Guide includes filing instructions for both electronic and paper systems, along with checklists for each case type's required documents.
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