Gatekeeper Orders in North Carolina Courts: What, When, and How

What is a gatekeeper order?

A person’s right of access to the courts for redress of grievances is fundamental to the fabric of American society.  The U.S. Supreme Court has said that it is “the right conservative of all other rights, and lies at the foundation of orderly government.” Cromer v. Kraft Foods North America, Inc., 390 F.3d 812, 817 (2004) (quoting Chambers v. Baltimore & Ohio R.R. Co., 207 U.S. 142 (1907)). It is protected not just under the 14th Amendment to the U.S. Constitution, Cromer, 390 F.3d at 817, but also by the North Carolina Constitution, which declares that “the courts shall be open.” N.C. Const., Art. I, § 18.