Dec32025
Family Law Q&A Series

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

Short Answer

Under North Carolina law, a legacy divorce file scan request can usually be handled remotely with the clerk of superior court, as long as the clerk’s office procedures allow requests by phone, email, mail, or the court’s online system. State statutes give the clerk broad authority to maintain and provide access to court records, including through electronic and remote access, but each county’s clerk sets local practices for how scan requests must be made and when they are processed.

Understanding the Problem

The question is whether, in North Carolina, a representative for a law firm must go in person to the clerk of superior court to request a full legacy scan of an old divorce case, or whether that request can be made and completed remotely. The context is a domestic case file that exists only in paper form and needs to be scanned so it becomes viewable in the court’s online portal for use in related family law litigation in another jurisdiction. Court staff have already indicated that the scan will be completed when workload allows and that the requestor should check the online system later or the next day, raising the concern whether any further in-person action is required to move the process forward.

Apply the Law

North Carolina law sets out general rules for how clerks must keep court records and allow access, and it authorizes electronic and remote access, but it leaves many practical details to the Administrative Office of the Courts (AOC) and each clerk’s local procedures. For legacy paper domestic files, the controlling issues are: who is allowed to see the file, how the clerk preserves and reproduces it, and what methods the clerk can use to provide copies or electronic access.

Key Requirements

  • Access to court records: Court records in North Carolina, including most divorce files, are generally open to public inspection unless sealed or made confidential by statute or order.
  • Clerk’s duty to maintain and provide records: The clerk of superior court must maintain dockets and files, protect them from loss, and provide access or copies under procedures set by the AOC, which increasingly include electronic storage and remote access.
  • Method of access and reproduction: The law allows records to be stored and reproduced on various permanent media, and permits remote electronic access arrangements, but the practical steps for requesting a scan or copy (in person, by mail, email, or portal) are set locally by the clerk and court rules rather than by one statewide statute.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The divorce case described is a domestic relations file in a North Carolina district court, so the clerk must maintain it under the statewide record-keeping rules and AOC standards. Those rules allow the clerk to preserve paper files by scanning them into an electronic system and to provide access through an online portal instead of only in-person inspection. Because the clerk’s staff already accepted the legacy scan request and stated that the scan will be added to the online system when workload allows, there is no legal requirement that the law firm’s representative appear in person again merely to “activate” the scan; any further follow-up can typically occur by phone, email, or through the portal, subject to that clerk’s local practices.

Process & Timing

  1. Who files: A party, attorney, or authorized representative. Where: With the Clerk of Superior Court in the county where the divorce case is filed. What: An informal records or copy request (some clerks use written request forms or email; others accept phone requests) asking that the legacy paper file be scanned into the court’s electronic system. When: Any time after the case exists; processing depends on the clerk’s workload rather than a fixed statutory deadline.
  2. Clerk’s staff locate the paper divorce file, scan the contents into the court’s case management system following AOC guidelines, and quality-check that the images are complete and legible. This step can take from a day to several days, depending on staff capacity and the size of the file, and may be delayed in busy offices.
  3. Once scanning is complete, the electronic case record becomes available through the court’s online portal, subject to any confidentiality limits for particular documents. The requestor can then access, download, or print the digitized materials remotely, or request certified copies from the clerk if needed for use in another court.

Exceptions & Pitfalls

  • Confidential or sealed items in a divorce file (for example, certain juvenile, adoption, or sensitive health records) may not appear in the public online view even after scanning; separate motions or court orders may be needed for access.
  • Some clerk’s offices require written authorization or proof of representation before acting on a remote request that involves sensitive family law files, so failing to provide that documentation can slow or block the scan request.
  • Local practice varies: one county may readily accept scan requests by email or phone, while another may insist on a signed written request or a brief in-person visit, even though the statutes allow broad use of technology.

Conclusion

For a North Carolina legacy divorce file, the law does not require a personal appearance to request that the clerk scan the case into the court’s electronic system. The clerk has authority to preserve records electronically and satisfy public-access duties through an online portal, and may accept and process such requests remotely according to local procedures. In practice, the next step is to follow that county clerk’s stated process—usually confirming by phone or email that the scan request is logged and monitoring the online portal for completion.

Talk to a Family Law Attorney

If you are dealing with a North Carolina legacy divorce file that needs to be scanned for use in a related family law matter, our firm has experienced attorneys who can help you understand your options and timelines. 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 your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.