Do I need to appear in person to request the scan, or can it be handled remotely? – North Carolina

Short Answer

Under North Carolina practice, most legacy divorce file scanning requests can be handled remotely through the clerk’s office, without a personal appearance, as long as the clerk’s procedures are followed and any required forms and fees are provided. However, each county clerk controls access, timing, and identity verification, so staff may require written or emailed authorization, payment arrangements, or, in some cases, in-person follow-up before the scan is completed and released through the online portal.

Understanding the Problem

The question is whether, in a North Carolina family law matter, a representative for a law firm must appear at the courthouse in person to request a legacy scan of an old divorce file, or whether the entire request can be managed remotely. The scenario involves a historic divorce between two parties, while the firm now represents their adult child in a related matter in another jurisdiction and wants digital access through a court online portal. Court staff have already noted that the file will be scanned when workload allows and suggested checking back later, raising the question of whether physical presence ever becomes mandatory to make, complete, or follow up on the request.

Apply the Law

North Carolina family law actions, including divorce, follow both statewide procedural rules and local clerk practices for file access and copying. While the statewide rules govern things like jurisdiction, service, and filings in family cases, the clerk of superior court in each county manages how paper files are stored, scanned, and provided to parties, attorneys, and the public. For legacy scanning, the core issues are: who is allowed to request copies, how that request is communicated, what fees apply, and whether the clerk requires in-person identity verification or notarized authority for a third-party representative.

Key Requirements

Access to the file: The divorce file must be a public record or otherwise available to the requesting party or attorney under North Carolina clerk and records rules.
Proper requester and authority: The request must come from a person or firm with a lawful interest or lawful right of access, and the clerk may require written or emailed confirmation of that authority.
Compliance with clerk procedures and fees: The requester must follow the specific county clerk’s procedures for remote requests, including any forms, copying or scanning fees, and method of delivery (such as upload to an online portal).

What the Statutes Say

N.C. Gen. Stat. Ch. 7A (Judicial Department) – sets out clerk of superior court duties, including maintaining court records, but leaves many access and format details to local practice and administrative policy.
N.C. Gen. Stat. Ch. 132 (Public Records) – addresses access to public records in North Carolina, including the public’s right to inspect and obtain copies, subject to reasonable rules and fees.

Analysis

Apply the Rule to the Facts: In the described situation, a law firm representative has already requested a legacy scan of a North Carolina divorce file and has been told by court staff that the scan will be done when workload permits and then added to the court’s online portal. That response indicates the clerk has accepted a remote request and does not currently require an in-person visit to move forward. If the clerk later needs written confirmation of representation or payment details, those can typically be handled by email, mail, or an online payment system, so long as the firm follows that county’s stated procedures.

Process & Timing

Who files: A party, an attorney of record, or in some counties any member of the public if the file is public. Where: The Office of the Clerk of Superior Court in the North Carolina county where the divorce case was filed. What: A records or copy request, often by email, mail, or phone, that clearly identifies the case name, number, and that a full legacy scan is requested for online access. When: As soon as the need for the legacy file arises; processing time depends on clerk workload.
After the request, clerk staff locate the paper file, schedule it for scanning based on their workload, and may contact the requester to confirm any fees or needed written authorization. This step can take anywhere from the same day to several days or longer, depending on the county’s volume.
Once scanning is complete, the clerk uploads the documents to the court’s online portal or otherwise provides access (such as emailed PDFs or a link), and notes any remaining charges. The requester then accesses the digitized file remotely and, if necessary, arranges payment through the clerk’s approved methods.

Exceptions & Pitfalls

Some older or partially confidential files (for example, those with sealed portions or sensitive information) may require the clerk to restrict what can be scanned or shared remotely, even if the docket is visible online.
Counties may have different rules about who may receive electronic copies and how identity or authority is verified; failing to follow the local clerk’s instructions can delay access.
If fees are not paid promptly or the request does not clearly identify the case, the clerk may not complete the scan or may close the request until correct information is provided.

Conclusion

Under North Carolina law and clerk practice, a legacy scan request for a divorce file is usually handled through the clerk of superior court and does not automatically require an in-person appearance, especially when staff have already accepted a remote request and plan to upload the documents to the online portal. The controlling points are whether the requester has lawful access, clearly identifies the case, and complies with that county’s procedures and fees. The next step is to confirm, by phone or email with the clerk’s office, exactly what they need to finalize the scan and enable online viewing.

Talk to a Family Law Attorney

If a legacy North Carolina divorce file is needed for a current family law matter and there are questions about remote access, scanning, or timing, our firm has experienced attorneys who can help clarify options and coordinate with the clerk’s office. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.