Legal Definitions - recordari

Recordari is a specific type of legal order, often referred to as a writ, used to request a higher court to review a decision made by a lower court.

This legal tool serves as an alternative to a traditional appeal, particularly when the judgment comes from a court "not of record." A court not of record is typically a lower-level court, such as a justice of the peace court or some magistrate courts, that does not maintain a formal, permanent transcript or detailed record of its proceedings. The purpose of a recordari is to bring the proceedings of such a court before a superior court for examination, usually to identify and correct legal errors or procedural irregularities.

While historically used in various jurisdictions, recordari writs are most commonly encountered in North Carolina today, and are used infrequently in other states.

• Example 1: Small Claims Court Dispute

  Imagine a tenant in North Carolina sues their landlord in a local magistrate court for the return of a security deposit. The magistrate rules in favor of the landlord, but the tenant believes the magistrate misapplied a specific state law regarding security deposits. Since the magistrate court is a court not of record and doesn't have a direct, formal appeal path like a higher court, the tenant could file a recordari. This would compel a superior court to review the magistrate's decision and determine if a legal error occurred.

• Example 2: Minor Traffic Infraction Judgment

  Consider a situation where an individual receives a judgment in a justice of the peace court for a minor traffic infraction, resulting in a fine. The individual believes the justice of the peace made a procedural error during the hearing, perhaps by not allowing them to present crucial evidence. Given that justice of the peace courts are often courts not of record, a standard appeal might not be available. The individual could petition for a recordari to have a higher court examine the proceedings and judgment for the alleged procedural flaw.

• Example 3: Local Ordinance Violation

  Suppose a homeowner is cited for violating a local noise ordinance, and the case is heard by a municipal court that operates as a court not of record. The municipal judge finds the homeowner liable, but the homeowner contends that the ordinance itself was misinterpreted or that the evidence presented did not legally support the finding. Instead of a direct appeal, which might not be an option from this specific type of court, the homeowner could seek a recordari. This would allow a superior court to review the municipal court's judgment and the underlying legal application of the ordinance.