Avery County Superior Court

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Databases Updated on Oct 16, 2025

Avery County Superior Court cases in Avery County, Newland, NC

Avery County Superior Court in Newland is part of the North Carolina Superior Court Division, the state's trial court of general jurisdiction. It handles felony criminal prosecutions; civil actions typically exceeding $25,000; jury trials; and appeals for trial de novo from District Court in misdemeanor and traffic infraction cases, along with certain civil appeals. The court also hears requests for injunctive relief, declaratory judgments, and other extraordinary civil remedies, presides over grand jury proceedings, and addresses post-conviction motions. Juvenile, family/domestic, small claims, and most traffic matters are heard in District Court unless appealed or otherwise transferred to Superior Court.

Avery County Superior Court Contact and Location Information

Court Type: Superior Court
County: Avery
Street Address: 200 Montezuma St.
City: Newland
Zip Code: 28657
Phone: 828-737-6700
Hours: Monday - Friday 8:00AM – 4:30PM
Website URL: https://www.nccourts.gov/locations/avery-county/avery-county-courthouse
Forms & Filing: https://www.nccourts.gov/locations/avery-county/avery-county-local-rules-and-forms
Dockets / Schedule / Calendar: https://www1.aoc.state.nc.us/www/calendars/Criminal.jsp?county=AVERY
Jury Service: https://www.nccourts.gov/locations/avery-county/avery-county-jury-service
Languages: Multiple
Facebook: https://www.facebook.com/Teresa-Benfield-for-Avery-County-Clerk-of-Superior-101351931243809/
ADA: Teresa Benfield, Clerk of Court
ADA Phone: 828-737-6730
ADA Fax / Email: Avery.DAC@nccourts.org
About / Additional Info: Established in 1777, the superior courts are North Carolina’s oldest courts. Superior courts hear civil and criminal cases. Superior court is divided into five divisions and 48 districts across the state. Every six months, superior court judges rotate among the districts within their divisions. The rotation system is provided for by the state constitution and designed to minimize conflicts of interest that might result from having a permanent judge in one district. Each administrative superior court district has a senior resident superior court judge who manages the administrative duties of the court. 24 Superior court district consists of Madison, Yancey, Watauga, Mitchell and Avery counties.
Wikipedia: https://en.wikipedia.org/wiki/Avery_County_Courthouse

Services and Case Types Handled in Avery County Superior Court

Avery County Superior Court serves the public by:

- Filings and records: Intake for civil/criminal cases; protective-order filings (50B/50C) via the Clerk of Superior Court; certified copies; payments of costs/fees.
- Criminal: Grand jury; felony indictments, motions, pleas, jury trials, and sentencing; de novo appeals of misdemeanors/infractions from District Court; probation-violation hearings.
- Civil: Lawsuits typically over $25,000; injunctions and declaratory relief; condemnations; judicial review of certain agency decisions; de novo civil appeals from District Court.
- Special proceedings via the Clerk: Foreclosures, partitions, name changes, estates and guardianships; hearings scheduled as required.
- Jury services: Juror summons, qualification, orientation, deferrals/excuses, and management for grand and trial juries.
- Court calendars and hearings: Publishes calendars; schedules hearings, continuances, and trial dates; provides courtroom access, interpreter services, and ADA accommodations.

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