How do I obtain court records?
- What is a court record?
- How can I find a judge's decision in a recent or old case?
Answer
The Unified Court System maintains two types of records: administrative records and court records. Administrative records are those records maintained by the different divisions within the Office of Court Administration ("OCA"), which do not constitute court records. Administrative records are subject to disclosure to the public under the Freedom of Information Law (“FOIL”).
Courts records are defined by the CourtHelp Glossary as "all the papers filed with the court in a case. For example, the summons and complaint, a judgment, any transcripts, etc."
Access to court records relies upon common law, constitutional law and New York statutes. This is governed generally by Article 6 of the NY Public Officers Law, also known as the Freedom of Information Law. Other relevant statutes include 22 NYCRR § 216.1, which stipulates that civil actions cannot be sealed without cause. NY Judiciary Law § 4 states that court proceedings must be open to the public except for certain types of cases, including divorce and rape. NY Mental Hygiene Law § 81.14 Record of the proceedings, the court may upon good cause seal the record and close hearings.
Visit the nycourts.gov website for more information on how to obtain court records and court transcripts.
Some information is redacted from court filings and some cases are sealed: 22 NYCRR § 202.5 (e) Omission or Redaction of Confidential Personal Information; 22 NYCRR § 207.64 Omission or Redaction of Confidential Personal Information; Public Access to Certain Filings;
Links & Files
- How can I find a will before it is probated?
- How can I find naturalization records held in the NY Courts?
- How do I get a copy of a death certificate?
- How do I seal a criminal record?
- I want to find a recent or old court case.
- What is a divorce decree? What is a divorce certificate?
- Where is the county clerk for my district?
- NYCOURTS.GOV Court Records
- NY City Dept of Health Vital Records
- New York City Surrogate's Courts Documents and Research
- NY State Dept of Health Birth, Death, Marriage & Divorce Records
- NY State Office of the Comptroller -- Unclaimed Funds
- WebSurrogate