Access to Courts

Highlights from the Legal Guide: Access to Courts and Court Records

Posted April 29th, 2008 by CMLP Staff

This is the eighth in a series of posts calling attention to topics we cover in the Citizen Media Legal Guide. In this post, we highlight the section on Access to Courts and Court Records, which provides an overview of federal and state laws that grant you the right to access federal and state court records and court proceedings. We also provide some practical tips for getting useful information out of your local courthouse.

If you’re hunting for information, consider a visit to the courthouse, where you can sift through resource-rich court records or attend (sometimes colorful) court proceedings.

Courts are centers for dispute resolution. They are public forums in which societal norms and values, as reflected in laws, are used to address and correct wrongs. While a number of laws govern the court system, none is so deeply-ingrained as the presumption that court proceedings should be open to the public.

If you are wondering how attending court proceedings or combing through court records might be valuable to you, here are several great reasons to consider acquiring -- and publishing -- information available from the courts:   read more »

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The Smoking Gun Does the Dirty Work, Finds the Gems Others Miss

Posted April 16th, 2008 by David Ardia

The New York Times just ran a fascinating article on The Smoking Gun, a website dedicated to providing "documents--cool, confidential, quirky--that can't be found elsewhere on the Web." The three-person investigative shop in mid-town Manhattan consistently finds -- and publishes -- court documents, government records, and other esoterica that it finds through Freedom of Information requests, court files, and good old-fashioned investigative journalism. As we explain in our legal guide, you don't need the resources of a big media organization to use these information gathering tools effectively.

According to the Times:

The Smoking Gun has demonstrated that if you obey the metabolism of the Web, not the journalist, you can land with significant impact in a hurry.

“I think one of the keys is that we are three people,” said Mr. Bastone, who founded the site with Daniel Green, another Voice alumnus who has since moved on to truTV at Turner, and Barbara Glauber, Mr. Bastone’s wife and the designer of the site. . . .

“Their secret sauce is the ability to source documents that no one else can get,” said Steve Koonin, president of Turner Entertainment Networks, which inherited the site when it bought Court TV. “It’s not a big business, but it’s profitable, and one of the things we are diligent about is the care and feeding of brands. Young people respond to this brand on TV and on the Web.”   read more »

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Last updated on April 18th, 2008

Washington State Court Records

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Note: This page covers information specific to Washington. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide. 

You have a right to inspect and copy most records and documents filed in Washington state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Washington judiciary's website to find the http://www.courts.wa.gov/court_dir/ locations, phone numbers, and websites for the state's courts.

Alternatively, you may be able to access court records online. Refer to a local court's website and check to see if the court provides online access. Courts with online access usually provide access to docket sheets, however, documents filed with the court rarely are accessible. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records.   read more »

Last updated on April 17th, 2008

Virginia State Court Records

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Note: This page covers information specific to Virginia. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide. 

You have a right to inspect and copy most records and documents filed in Virginia state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Virginia judiciary's website to find the locations, phone numbers, and websites for the state's courts. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records.   read more »

Last updated on April 17th, 2008

Texas State Court Records

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Note: This page covers information specific to Texas. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide. 

You have a right to inspect and copy most records and documents filed in Texas state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Texas judiciary's website to find the locations, phone numbers, and websites for the state's courts. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records.

As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings, among other items found in a case file. However, there are certain types of court records that you will not be able to inspect. For example, you will not have access to juvenile records where the individual has not committed a felony or a Class A or B misdemeanor between the ages of 17 and 21.   read more »

Last updated on April 17th, 2008

Pennsylvania State Court Records

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Note: This page covers information specific to Pennsylvania. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.

You have a right to inspect and copy most records and documents filed in Pennsylvania state courts. This right is rooted in the commmonlaw, see Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1066 (3d Cir. 1983), and starting January 1, 2009, will be codified in the newly revised Right-To-Know Law. Refer to the section on Access to Public Records in Pennsylvania to better understand what types of records you can access and the mechanisms for doing so under the new law.

Despite the presumption of openness, your right of access is not absolute. A court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Pennsylvania judiciary's website to find the locations, phone numbers, and websites for the state's courts.   read more »

Last updated on April 17th, 2008

Ohio State Court Records

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Note: This page covers information specific to Ohio. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide. 

You have a right to inspect and copy most records and documents filed in Ohio state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Ohio judiciary's website to find the locations, phone numbers, and websites for the state's courts.   read more »

Last updated on April 17th, 2008

North Carolina State Court Records

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Note: This page covers information specific to North Carolina. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide. 

You have a right to inspect and copy most records and documents filed in North Carolina state courts. However, your right of access is not absolute, and a court may limit access to records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the list of courthouses by county on the North Carolina Court System website for directions and telephone numbers for the state courts operating in North Carolina. Information for the state's Court of Appeals and Supreme Court are available on their sites. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records.   read more »

Last updated on April 17th, 2008

New York State Court Records

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Note: This page covers information specific to New York. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide. 

You have a right to inspect and copy many records and documents filed in New York courts. However, your right of access is not absolute. New York statutes and court rules exempt certain categories of information from disclosure, and a court may limit access to court records in certain situations. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). State websites provide locations and phone numbers for the Trial Courts, the Supreme Court Appellate Division, and the Court of Appeals (the state's highest court). Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records.   read more »

Last updated on April 17th, 2008

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