Do I need to have contempt filings notarized, and where can I get them notarized if the court requires it? – North Carolina

Short Answer

In North Carolina family law cases, many contempt motions must be verified, which means the person filing signs under oath before a notary or other authorized officer. Whether notarization is required depends on the type of contempt and the specific form used, but courts commonly expect a signed and notarized verification or affidavit attached to the motion. If notarization is required, it can be done by any North Carolina notary, including at law offices, some banks, shipping and postal stores, and courthouses, even if located outside the case’s county.

Understanding the Problem

The question here is narrow: in a North Carolina family law case, when a party plans to file a motion for contempt, must the paperwork be notarized, and if so, where can that notarization be completed. The focus is on contempt related to an existing family court order (such as child custody, support, or equitable distribution), not on starting a new lawsuit. The concern often arises when a party completes a contempt motion form and wants legal review and notarization, possibly by a firm or notary located in a different county from where the case is pending.

Apply the Law

Under North Carolina law, contempt motions in family cases are usually filed in district court and often require a verified motion or sworn affidavit that states the facts supporting the alleged violation of the court order. A verification is a sworn statement that the factual allegations are true, signed before a notary public or other authorized officer. Local rules and state forms guide whether a particular contempt filing must be verified, how it must be signed, and what the clerk of court will accept.

Key Requirements

Verification or affidavit when required: If the motion form or local rule calls for a verification or sworn affidavit, the person filing must sign under oath, usually before a notary, confirming the truth of the facts in the motion.
Proper form and filing in district court: The contempt motion must be in an acceptable written format for the North Carolina district court where the original family order was entered, and filed with the clerk in that county.
Compliance with service and procedural rules: After filing, the motion and any order to appear must be properly served under the Rules of Civil Procedure so the opposing party has notice before a judge hears the contempt claim.

What the Statutes Say

North Carolina Gen. Stat. Chapter 5A (Contempt) – sets out the grounds and procedures for civil and criminal contempt in North Carolina courts.
North Carolina Gen. Stat. § 1A-1, Rule 11 (Signing and verification of pleadings) – explains when pleadings must be signed and how verifications work, including signing under oath.

Analysis

Apply the Rule to the Facts: In an ongoing North Carolina family case, a party preparing a contempt motion will typically use a form or format that includes a verification section, especially for motions alleging civil or criminal contempt for violating a court order. That verification language is normally signed before a notary. The notary does not need to be in the same county as the case; a notary in another county can lawfully administer the oath, and the notarized motion can then be filed with the clerk in the county where the family case is pending.

Process & Timing

Who files: The party seeking to enforce the family court order. Where: Clerk of Superior Court, District Court Division, in the North Carolina county where the existing family order was entered. What: A written motion for civil or criminal contempt (often using the local or state-approved form) with a verification or affidavit if the form includes it. When: After a violation of an existing order occurs; there is no single statewide deadline, but acting promptly helps preserve evidence and credibility.
Once the motion is prepared, the filing party signs the verification or affidavit in front of a North Carolina notary public or other authorized officer, then files the original with the clerk. The clerk or judge may issue an order to appear and show cause, and a court date is then set; timeframes vary by county and docket.
After proper service of the motion and any show cause order on the opposing party, the court holds a hearing to decide whether a willful violation occurred and what enforcement or remedial orders are appropriate. The outcome is reflected in a written order filed with the clerk.

Exceptions & Pitfalls

Some contempt-related filings may not require a verification; following the exact language of the applicable form and any local rules is critical so the clerk will accept the paperwork.
Failing to sign the verification in front of a notary when required, or leaving the notary block incomplete, can result in rejection of the filing or delay of the hearing.
Relying on a notary who is not properly commissioned, or altering the document after notarization, can raise questions about validity and credibility.
Not arranging for proper service of the motion and any show cause order under the Rules of Civil Procedure can lead to continuances or dismissal of the contempt request.

Conclusion

In North Carolina family law cases, contempt motions are usually filed in district court and commonly must include a verification or affidavit signed under oath. When the motion or form includes that verification language, the signer must appear before a notary or other authorized officer, but the notary may be located in any North Carolina county. To move the case forward without delay, the filing party should have the motion properly notarized and then file it with the clerk in the county where the family order was entered.

Talk to a Family Law Attorney

If someone is dealing with an enforcement or contempt issue in a North Carolina family case and needs help making sure the motion, verification, and notarization are done correctly, our firm has experienced attorneys who can help explain options and timing. 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 any 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.