Court Records Blog

To begin a legal proceeding, the initiating party (plaintiff) must file a pleading called a Summons and Complaint.  In that one sentence, there is a lot of legal jargon which many people may not understand the full meaning of.  If you are representing yourself in a lawsuit, or if you are just interesting in understanding court document, it is important to start at the beginning.

Starting The Lawsuit
A Pleading is a document that in a legal proceeding which asserts or responds to an allegation, defense, denial, or claim.  When a lawsuit is initiated, one party must go to court and file a pleading with the court.  Filing with the court generally means delivering the document, or pleading, to court clerk, who will make that document an official part of the court record.  The types of documents filed with court clerk vary by the type of case, and by the stage of the case.

The Summons and Complaint are two different documents that are filed together.  The Summons commences the plaintiff’s action against the other party (defendant) and requires an action from the defendant, such as an answer.  The Complaint is the pleading which names the parties involved, the legal claim asserted, certain facts associated with the claim, and the type of compensation the plaintiff requests.  In some cases, the complaint is also known as the petition.

Inside the Court
Once the lawsuit has commenced, your case will become a part of the court’s calendar and the court’s docket.  The Court’s Calendar is the court’s list of all civil and criminal cases and the events associated with those cases, such as a trial.  If you are involved in a lawsuit, you may need to consult the court’s calendar to determine if your presence is required for any hearings.  The Court Docket is the court’s formal record of all proceedings and filings in a case.

Court Opinions and Court Orders are the final stage documents of a legal case.  The Court Opinion is a document containing the courts explanation of their decision in a case.  The Court Opinion contains 4 main areas: the facts of the case, the laws which apply to the facts and the courts decision, the rational behind the courts decision, and the court’s formal opinion (dicta).  The Court Order is the command of the court.  For example, a court may order the defendant to pay the plaintiff.  The opinion will give the detailed explanation behind the court’s command.

Many states provide online access to review court opinions, dockets, calendars, and orders.  Additionally, where court records are online, you can also view most documents (pleadings) filed with the court.  www.Courtreference.com offers a comprehensive list of online court resources by state.

Locating court records can be a complicated process for anyone who is not familiar with the courts being searched.  Before beginning any attempt to research court records, one should have a clear idea of what is being sought:

• What type of court cases need to be found?  Court records can be found in many different courts depending on the type of case.  Criminal and traffic records might be found in several different courts depending on the severity of the charge, the age of the defendant, the type of charge, and other factors.  Likewise, civil cases are usually handled by different courts within the same jurisdiction based on the value at stake in the dispute.   Most of the online searching provided by courts shows which courts are included in the search but have very little information about what types of cases are covered. 
• What geographic area needs to be searched? Criminal court and traffic cases are usually filed in the jurisdiction where the violation or offense occurred.  If the person for whom you are seeking records lives or works near a county or state boundary or is otherwise likely to have frequented another jurisdiction, you’ll need to expand your inquiry.   Civil and small claims cases are generally filed in the jurisdiction of one or more of the involved parties.  Divorces are usually handled by courts in the jurisdiction of residence, but be careful; some courts have made a cottage industry out of handling non-contested divorces.  Nevada and Lincoln County in Washington are good examples.
• What time period needs to be covered?  Be sure that the data searched covers the time period you need.  Many of the online court records searches provided by courts do a good job of indicating how recently the database was updated.  Very few showed how far back cases could be found or what the retention period was for the cases being searched, you may need to ask. 

Helping you find free court records and other means of searching courts cases  is the objective of the Court Records Free Reference and Directory. In addition to links to thousands of online court record searches, the site provides state by state descriptions of the types of courts found in each state along with a table showing where cases of different types might be found.  Pages are provided for online research in several different categories.  Directories of court locations and websites are provided for each county.

Criminal Cases vs. Civil Cases

What is the difference between a civil case and criminal case? Two of the fundamental differences include the nature of the act being addressed and who initiates the legal action.

In a criminal case, the lawsuit is brought by a government entity, including federal, state, and local governments because crimes are typically considered as an act against society.  A prosecutor, on behalf of the government brings this lawsuit against the person accused of a crime. As such, when viewing a criminal court records, the title may say something like “State vs. John Doe.”   The legal action is brought against the defendant based on federal, state, or local criminal law statutes, depending on the crime.  These laws define what constitutes a certain act as criminal. Criminal cases can include matters involving DUIs, murder, kidnapping, robbery, rape, and arson.

One of the goals of criminal law cases is to create social order.  The government prosecutes crimes in an effort to both punish the criminal, and to deter further criminal acts.  Punishment for criminal cases includes fines and/or incarceration, depending on the crime.  The amount of the fine and the time frame for incarceration will vary depending on the type of crime committed.

However, a civil cases to not result in incarceration.  A civil case is a legal action involving disputes between two or more persons, businesses, or a government agency.  The goal of civil cases is to right some type of wrong.  In a civil case, the legal action is brought by the victim (plaintiff) against the person(s) or organization(s) they felt wronged them (defendant). Hence, a civil court case record will have the names of the plaintiff(s) and defendant(s), John Doe vs. Jane Smith.   Civil cases include auto accidents, wills, property disputes, and contracts.  In a civil case, if a defendant is found guilty, they will not face incarceration.  Rather, the defendant will be required to repair the wrong they created.  This repair could be through a financial payment to the payment, it could mean honoring the obligations of a contract, or it could require ceasing a certain activity.

In a criminal case, the crime victim cannot receive financial compensation from the defendant if the defendant is found guilty.  Any fines that the defendant pays will become the property of the government.  The victim is not the party pursing the legal case.  In fact, in some cases, a government agency may choose to pursue a case against an accused, even when the crime victim does not wish to pursue the case.

If a crime victim feels that they are entitled to financial compensation for the crimes committed against them, they must pursue a separate civil action against the defendant.  Civil laws are very different from criminal laws, so the legal action being pursued will typically not have the same name.  For example, there is no action for murder in a civil court.  However, the a crime victim (or their family if they are deceased) may sue the defendant based on claims such as “emotional distress.”  As these are two separate legal actions, it is possible to lose one case, but win another.  In the famous OJ Simpson murder case, OJ Simpson was found not guilty of murder.  However, in the civil case brought by the victim’s family, the civil court ruled in favor of the family, and OJ Simpson was required pay the family a financial settlement.

If you interested in viewing criminal or civil case records, Courtreference.com provides resources, information, and links for accessing criminal and civil court records all states in the US.