How to Research Court Records
Even if you're not the defendant or the plaintiff, most court case information in civil and criminal cases is available for public review under the provisions of state and federal Freedom of Information laws. The key is finding out which court is handling the case, whether its local, county, state or federal court, and following its progress through the system.
Things You'll Need
- Phone numbers and addresses for the appropriate local, county and federal courthouses.
- Money for copies of documents.
- Phone number for the office of court administration in your state.
Instructions
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Ask the local police department about the court case you're researching. If officers from that department were not involved, they can probably still tell you who was the lead agency in the case. Once you reach the appropriate police agency, they can tell you where the suspect was arraigned and direct you to the appropriate court clerk's office
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Arrive at the appropriate court with the name of the suspect and date or arrest or arraignment. The file containing a signed statement from the police officer and possibly supporting statements from a victim, witnesses and the suspect would be included in the file.
Lawsuits are typically filed in a county court house, which is a state institution. Criminal cases involving felony charges go from the local court to the county court house after grand jury indictment or if the suspect waives grand jury indictment. Criminal cases involving more than one state or Canada or Mexico would be filed in a federal court, as would bankruptcy proceedings or civil cases involving constitutional matters.
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Review the case file you're interested in, taking your own notes or requesting copies of the documents. Expect to pay a fee for copies, ranging from 8 to 25 cents a page. In criminal cases, the initial complaint by the arresting agency outlines why the suspect broke the law and should detail the time, date and location of the incident. Notices of claim in civil cases have a similar format. After you read those initial documents, it will be easy to understand the role of the supporting statements.
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Find online sites for state and federal courts. Some of them allow you to obtain the same documents that you'd be able to get at the court clerk's office. The PACER (Public Access to Court Electronic Records) website, administered by the Federal Judiciary, provides access to all federal courts, criminal, civil and bankruptcy, on one website. State court websites maintain schedules and written judge's decisions on cases, but you're unlikely to find the criminal case files that are at the county court houses.
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Know which information is not accessible. Family and divorce court records are not public in many states. Information on children can be redacted, in certain situations, and Social Security numbers are typically concealed. According to the Federal Judiciary, the lawyers who handle federal cases, not the court clerks, are responsible for concealing Social Security numbers from public view.
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Tips & Warnings
Some court clerks and judges at the local level may be uninformed of what records the public is entitled to. Keep a phone number for your state's office of court administration handy and alert that state office if your request is denied. They may be able to take quick action and order the local court to provide you the information you request.