North Carolina Court Guide
A plain-English explanation of what happened on your record, what the court system does next, and the straightforward legal remedy available to you.
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NC Courthouse Directory →When you have a scheduled court appearance in North Carolina and you don't show up, the judge calls your name from the docket, hears silence, and the clerk enters "Called and Failed" in the court record. It is a notation of your absence — the starting point of a process the court system has a clear, established remedy for.
Understanding the Terms
These two terms are often used interchangeably — including on some government websites — but they describe two different things at two different stages. Understanding the distinction helps you understand exactly where you stand.
Stage One
A court record entry — what the clerk writes when your name is called and you do not answer. It is the notation of absence. It happens in the courtroom the moment the case is called. It is not a criminal charge.
Stage Two — If Not Addressed
A formal legal status — and potentially a separate criminal charge — that is issued after the C&F if the matter is not resolved within 20 days. The C&F is the record; the FTA is what the State can charge. They are related but sequential, not identical.
The North Carolina court system built a 20-day window between the C&F and the formal FTA precisely because missing court is common, and the system recognizes that people often have good reasons — or at least resolvable circumstances. The remedy exists because the system expects it will be used.
What Happens Next
The court system follows a predictable sequence. Here is what it looks like — and where the window to resolve things cleanly sits.
Called and Failed entered on your record
The clerk marks your case "called and failed." In some cases — particularly for criminal charges — the judge may also issue an Order for Arrest (OFA), also called a bench warrant. For traffic infractions, an OFA is not automatic. If your bond was secured, the bonding company is notified.
The window to resolve it before escalation
If you appear in court or resolve the matter with the clerk's office within 20 days, the court does not report to the DMV. No formal FTA is issued. For traffic cases, this means no license suspension — the process simply does not reach that point. A Motion to Strike filed in this window is the cleanest resolution.
Failure to Appear formally issued; court notifies the DMV
Under G.S. § 20-24.2, if the matter is still unresolved after 20 days, the court reports to the NC DMV. An FTA fee may also be assessed if you are later found guilty or responsible. A Motion to Strike can still be filed after day 20 — it addresses both the C&F and the formal FTA.
DMV issues a license revocation notice
After receiving the court's report, the DMV mails a revocation notice. Under G.S. § 20-24.1, the revocation does not take effect immediately — it becomes effective 60 days after the notice is mailed. Resolving the underlying case before that 60-day mark stops the revocation before it takes effect.
Motion to Strike — the remedy remains available
The legal remedy for a C&F does not expire after 20 days or 60 days. A judge can strike the Called and Failed, recall the Order for Arrest, and reset your case for a new court date at any stage of this process. Earlier is simpler — but the remedy exists throughout.
What the Law Actually Requires
The statute that governs criminal penalties for missing court — N.C.G.S. § 15A-543 — does not punish every missed court date. It specifically requires that the failure to appear be willful.
N.C.G.S. § 15A-543 — Penalties for Failure to Appear
"Any person released pursuant to this Article who willfully fails to appear before any court or judicial official as required is subject to the criminal penalties set out in this section."
North Carolina General Assembly — Full text at ncleg.gov →
Willful means intentional — a deliberate decision not to appear, made with knowledge of the obligation. It is not the same as forgetting, not receiving proper notice, being hospitalized, being incarcerated somewhere else, or any number of circumstances that genuinely prevent attendance.
Common situations that bear directly on the willfulness question include:
None of these circumstances automatically resolves the C&F — the Motion to Strike still needs to be filed, and the record still needs to be addressed. But the Motion to Strike is precisely the mechanism the law provides for presenting your situation to a judge. The North Carolina legislature built "willfully" into § 15A-543 because the system does not treat an honest mistake the same as a deliberate act.
Consequences by Charge Type
The consequences of a C&F are not identical for every case. Traffic infractions, misdemeanors, and felony charges each follow a somewhat different track.
| Charge Type | C&F Consequences | FTA Classification |
|---|---|---|
| Traffic Infraction | C&F entered; OFA at judge's discretion; court notifies DMV after 20 days; license suspension effective 60 days after DMV notice; FTA fee may apply if later found responsible | Not a separate criminal charge — administrative consequences only |
| Misdemeanor | C&F entered; Order for Arrest typically issued; bond subject to forfeiture proceedings under G.S. § 15A-544.1; DMV notified for any traffic-related charge | Class 2 misdemeanor (separate criminal case) under G.S. § 15A-543(c) |
| Felony | C&F entered; Order for Arrest issued; bond forfeiture proceedings begin; all misdemeanor-level consequences also apply | Class I felony (separate criminal case) under G.S. § 15A-543(b) |
The FTA criminal charge is a separate case from your original charge. Having an FTA charge brought against you is not automatic — it requires a deliberate willful failure and a separate charging decision. Most people who address a C&F promptly through a Motion to Strike do not have a separate FTA charge filed against them.
The Remedy
The legal remedy for a C&F is a Motion to Strike the Called and Failed — a formal motion asking the court to vacate the C&F entry, recall the Order for Arrest, and reset your case to a new hearing date. The motion must be properly prepared and filed with the clerk of court in the specific county where your case is pending. Procedural requirements, local forms, and how the motion must be presented vary by judicial district across North Carolina.
When a judge grants the motion:
You have the right to file this motion yourself with the clerk of court, and you should bring any documentation that supports your reason for missing court. An attorney can file it on your behalf, navigate the procedural requirements of the specific county, and present the circumstances to the court.
For further background on the NC court system's approach to FTAs — written for the legal professionals who administer these cases — the UNC School of Government (the institution that trains NC judges and prosecutors) maintains resources on this topic at sog.unc.edu →
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Attorney Daniel T. Barker files the Motion to Strike for clients across all 100 NC counties — flat fee, handled personally.
Common Questions
How long do I have to file a Motion to Strike in NC?
There is no single statutory deadline for the Motion to Strike itself, and a judge can grant it at any stage of the process. Filing before the 20-day mark is simpler — the DMV is never notified and the license issue does not arise. Filing before the 60-day DMV mark still stops the license revocation before it takes effect. Filing after that point resolves the record and the warrant, though additional steps may be needed for the license separately.
Does fixing the C&F also resolve a Failure to Appear charge?
A Motion to Strike addresses the C&F court record entry and recalls the bench warrant. If a separate FTA criminal case under § 15A-543 has already been filed, that is a distinct matter requiring its own resolution. This is one reason why addressing the C&F before the formal FTA charge is issued makes the process more straightforward.
Will I be arrested because of a Called and Failed?
For criminal charges, an Order for Arrest is commonly issued at the time of the C&F, which means you could be taken into custody if you have contact with law enforcement. For traffic infractions, an OFA is at the judge's discretion and is not automatic. Most people with a C&F are not arrested before they resolve the matter — but the warrant does remain active until it is recalled by the court.
What is the difference between a C&F and a bench warrant?
They are related but distinct. The Called and Failed is the court record entry noting your absence. The Order for Arrest (bench warrant) is the judicial order issued at the same time authorizing law enforcement to bring you to court. A successful Motion to Strike vacates the C&F entry and recalls the OFA — both are addressed by the same motion.
What if I had a genuine reason for missing court?
That matters, and it goes directly to the "willfully" element of § 15A-543. The Motion to Strike is the proper place to present your circumstances to a judge. Bringing documentation — a medical record, proof of incarceration elsewhere, evidence that notice was not received — strengthens the motion and the judge's ability to grant it and cancel associated fees.
Can I file the Motion to Strike myself?
You can file directly with the clerk of court in the county where your case is pending. However, there is no single statewide standard form — requirements, local forms, and procedures vary by judicial district across North Carolina's 100 counties. Beyond the form itself, North Carolina now processes most criminal and traffic filings through eCourts, the state's electronic filing system. Knowing how to file correctly into eCourts, follow the workflow through to a judge's calendar, and confirm the motion has been received and scheduled requires familiarity with a system that changes regularly and operates differently county to county. An attorney who files these motions regularly across NC courts handles all of that as a matter of course.
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