Court Records Blog

Background investigations are an interesting method for uncovering the truth about those we may or may not want to let into our lives.   Background investigation is the process of viewing records to find out the history of a person.   These investigations are commonly performed by employers, especially for jobs where there may be access to sensitive information.  However, private individuals may also be interested in running background investigations on certain people in their lives.  A thorough background investigation can produce information including full name, address, employment history, financial history, and criminal history.  It seems that as the world becomes a scarier place, we want to know more about the people around us, for our own protection. While there are many companies you could pay to perform a background investigation for you, there is also information you can find on your own, for free.

One place to start that could produce a lot of useful information is court records.  Court records are public records, which you can typically search for free.  Also, many courts place records online, which makes your search even easier. A quick search using someone’s name could reveal if they are involved in any litigation, and what type.  For example, if there was a divorce proceeding he/she was involved in, you could learn about this by viewing the records from the case.  Records from bankruptcy courts are also a great way to learn more about someone.  Bankruptcy records could reveal any liens or other debts.  Also, viewing these records may be especially useful if you are planning to go into business with the person.  Furthermore, one of the most important searches that can be performed through court records is criminal history.  A criminal court record will reveal exactly what type of crime was committed and when.

If you know the state and county where the person lives or has lived, you may want to start you search first at the county level.  Also, it is important to keep in mind that some states may have different courts depending on the type of cases heard.  Some states may have separate family courts for hearing divorce cases and states may separate courts for criminal and civil cases.

To locate online and offline resources for court records, visit www.courtreference.com.  This site provides a guide that explains what types of cases are heard in the trial courts of all the states in the U.S.  There are also directories for court contact information and online search options.

“You’ve been served!”  Those are words that many people hope never to hear.  This begs the question: what does it mean to be “served.”

When someone has been served, this is actually referring to a legal procedure called Service of Process.  Service of Process is when someone is presented with documents that are a part of a legal proceeding.

Service of Process is one procedure that is required for the initiation of a lawsuit.  After one party, the plaintiff, files a lawsuit with the court, they are then required to serve certain legal documents onto the other party or parties named in the lawsuit.  The initial documents served through Service of Process are called the summons and complaint.  These describe who is part of the lawsuit, what the lawsuit is about, and other general descriptions.

Service of Process is a very important procedure because it basically informs all parties that there is a lawsuit in which they have been named.  This is called providing notice.  Once a party has been served with legal documents, it gives them a chance to prepare and respond.  After a successful service of process, the party served is officially part of the legal proceeding. If Service of Process does not occur, or even if it does not occur correctly, this could be a reason for the court to dismiss the lawsuit.

The exact manner in which a person is served with documents can vary depending on the laws of the jurisdiction.  There are very specific rules about what actually constitutes a valid service of process.  For example, leaving the document on someone’s doorstep may not be considered valid, depending on the circumstances. Typically, Service of Process is valid only if it is handed directly to the person for whom the documents were intended.  However, because actually reaching the person may not be as easy as it seems, there are many different exceptions.  For example, it may be a valid service of process if the documents were handed to someone who lives in the same household as the person.  This type of service of process is called sub-service.  In the case of sub-service, there is usually an age requirement for the person who can accept the documents, however, this will vary by state.  Additionally, if service of process has been attempted several times in person, many states provide exceptions for service of process to occur by mail.  However, this can usually only occur if the court grants this permission after several failed attempts to serve someone personally. There may even be extenuating circumstances in which a court allows service of process to occur by publishing a notice in a publication if other attempts have failed.

If one of the parties is a business, services of process may not be as easy as handing to the first employee you see.  Businesses usually have a registered agent, who is authorized to accept service of process.  If you are looking to serve a business, you can find out who the authorized agent is by looking at the corporate records.

For service of process to occur, it cannot be performed by anyone who is a member of the lawsuit.  Depending on the jurisdiction, a court official, such as a sheriff may be able to perform service of process.  There are also many Service of Process companies that provide this service for a fee.

After a successful service of process, the serving party is usually required to file a signed document with the court acknowledging that the service occurred. This document, or affidavit, will become a part of the official court record.

To find laws related to Service of Process in your area, or for other court related information, visit www.Courtreference.com.

If you are involved in a legal case, there are numerous people in numerous legal roles that could have a major role in your case.  As such, today I dedicated this article to looking at who these people are, and what they do.  Below, I take a look at some of the key roles of those involved in legal proceedings.

Judge:  A judge is the person who presides over the court matters.  There are many different types of judges, and they can either be appointed or elected. Judges are also responsible for writing their opinions, called Court Opinions, once a final decision has been made.

Jury:  A jury is a group of people selected for a criminal or civil trial.  The jury will hear the facts of the case and the arguments by the lawyers and make a decision, or verdict, in the case.  Juries generally consist of 12 people, although there may be exceptions. A jury will usually elect a foreman or presiding juror who will be responsible for presiding over discussions and speaking for the group.

Attorney:  The attorney is the person who can legally represent a particular party, either the plaintiff or a defendant.  To represent a person, the attorney must have attended law school, and be a member of the State Bar Association. Each state has its own bar association because attorneys are required to understand the rules of the state in which they are practicing law.  In a civil case, the party they are representing typically hires attorneys.  In a criminal case, the prosecuting attorney is usually a District Attorney, who is represents the state.  A District Attorney is a public official who is either appointed or elected.  Also, in a criminal case, if a defendant cannot afford to hire their own attorney, their attorney may be a Public Defender.   The government provides a Public Defender.  The States and Federal government are required to provide Public Defenders in criminal cases with the possibility of imprisonment.

Bailiff: The Bailiff is typically charged with the responsibility of helping to keep order in the court, much like a security guard.  During a criminal case, if the defendant is in jail, the Bailiff may be responsible for bringing the accused defendant too and from jail for during the court hearing.

Court Clerk:  The Court Clerk is the person who is responsible for filing papers with the court and keeping court records.  If you need to file a paper with the court, you typically do this through the Court Clerk, who in turn files it with the court, which will then become part of the court record.

Court Reporter:  The Court reporter is responsible for recording all testimony during a trial to create an official transcript.  Being a court report requires an ability to type (or write) very quickly, as they required to dictate every word spoken in court, in real-time.  The requirement from the National Court Reports Association is for court reporters to type 225 words per minute.   The information collected by the court reporter during a trial will become part of the record.  Often, the Court Reporter is a transcript, which may be given to the attorneys of the parties.  Attorneys generally like to review transcripts of their court proceedings to prepare for further stages in the litigation process.  The Court Reporter is usually required to swear under oath regarding the nature of the transcript.

Court Recorder:  A Court may also choose to use a Court Recorder.  Instead of typing or writing the events of the court process, the Recorder actually electronically records the proceeding.  In today’s world of technology, this is often one of the most trusted means of getting a verbatim accounting of the trial.

Court Artist:  The Court Artist is a very interest position because they can provide an intimate visual of the happenings during a court proceeding.  The Court Artists typically sketches the courtroom scene, during the actual hearing.  The images these artists create are often copyrighted and owned by the artist, but used as part of the court record.

To learn more about courts in your area, or to access court records, visit www.Courtreference.com.