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There are several ways to access court records. The best approach depends on what it is one is hoping to find and what records are available for a specific court. It is necessary also to determine which court would have jurisdiction over the case or type of case in question. The records types that will provide the most information about any case are the case files, the journals, and the complete records (see the records definitions below for a complete description).
Specific cases
If one is interested in locating information about a specific case tried in a district court and the names of the plaintiff or defendant are known, the first step is to consult the general index for the district court in which the case was heard. The index will then point you towards the appropriate court materials that contain information about the case. It is important to write down the case number and the volume and page numbers for any dockets the index mentions.
If there is no index available, the next step would be to look in the district court appearance dockets. These dockets are arranged chronologically, so it is necessary to have an approximate date when the case went to trial. If an approximate date is not known, then one must begin searching through all of the volumes. Sometimes appearance dockets will have an index at the beginning of each volume. Using this index can speed your search. Please note, it is possible that this index may not be complete so it may still be necessary to do a page-by-page search. The appearance docket will give the case number and usually the volume and page numbers for the journals or other records that contain information on the case.
The county, municipal, and justice courts usually do not have any other records besides a volume referred to as a docket, and the case file, which contains the original records in the case. The docket combines the functions of the district court appearance docket and the district court journal. It will often have an index at the front of the volume. Sometimes the county and municipal courts will have a separate cumulative index to all cases or a court calendar as well.
Cases of a Specific Type
The general court indices for the various courts do not generally specify the cause of action for each case. In order to find information about cases of a specific type, for example burglaries or indebtedness, it is necessary to do a case-by-case search. The appearance docket is the record to use for cases heard in the district court. The docket is the record to use for cases heard in the county, municipal, or justice courts. There is no convenient way to search the supreme court collection, because there are only case files available.
Record Types and Terminology
Appearance Docket - A district court record. It records all actions in chronological order. It lists dates of issuance and return of summons, dates of filing of petitions and subsequent pleadings, fees, names of parties and attorneys involved, and cause of action. It may include a list of witnesses and jury members. It will usually indicate which journal, or other court record, contains the record of the case proceedings.
Bills of Exception - This is an objection to a decision of the court upon a matter of law, filed by the losing party. The adverse party has the right to examine this document and submit amendments. The bill and the proposed amendments are submitted to the judge who tried the case, for settlement.
Calendar - A county court record. It sets the order for the cases to be heard. It lists the name of the parties and their attorneys, the case number, and the date of the trial.
Case File - This file contains the original papers for the case. These papers may include motions, replies, petitions, answers, briefs, pleas, nature of the case, depositions, affidavits, subpoenas, summonses, proof of service and notice of appeal, jury lists, witness list, fee bills, executions, continuances, charge of the court, decrees, and any other documents or instruments that may be filed in the case. The exact contents of any case file varies from case to case and it is not unusual for a case file to contain little more than summonses and subpoenas. Much of the information in a case file is recorded in the journal, docket, or complete record.
Case Number - This is the unique identification number assigned to each case. It can be in one of several different formats depending on the practice of the individual court. Case numbers may be assigned consecutively beginning with case number one and extending into infinity. Case numbers may be assigned consecutive numbers for each year whereby 84-001 would indicate the first case heard for 1984. A case number may take its form from the appearance docket in which it is recorded so that the case entered on page 270 of appearance docket volume 63 will become case 63-270. There may be other conventions.
Complete Record - This is a district court record. It contains transcriptions of the petition, process, return, pleadings subsequent thereto, reports, verdicts, orders, judgements, and all material acts and proceedings of the court. A complete record is not required to be completed in cases that were dismissed without prejudice to a further action, criminal cases where the indictment has been quashed or when the prosecuting attorney enters a nolle prosequi on the indictment, and in actions in open court when both parties agree that no record be made.
General Index - This is the basic means of locating a specific case. Usually it is arranged so that there is an alphabetical list for both plaintiff and defendant. The index will provide the case number and the volume and page numbers for any dockets and journals containing information about a case. The exact arrangement of the index is governed by the practices of the individual court. It is not unusual for the index to list only the appearance docket entries or the case number.
Journal - This volume records all proceedings of the district court. It provides a synopsis of the actions taken on a case for each day.
Judgement Docket - This volume records fees and fines levied and paid as a result of a court decision.
Plaintiff - This is the person who initiates an action and who seeks a remedy in a civil or criminal action.
Trial Docket - This docket records plaintiffs, defendants, and attorneys in each case and is used to schedule court dates.
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