Article I, section 24 of the N.C. Constitution establishes a defendant's state constitutional right to a jury trial. Jury trial of right.25. Right of jury trial in civil cases. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. A small claims case is filed in the clerk of superior court's office in the appropriate county. The forms may be printed and completed in advance. This Legal Sidebar is the first in a five-part series that discusses a unique feature of the American legal. These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of a civil nature. If passed, the proposed amendment would require a person wanting to waive the right to a jury trial to say so in court or in writing.