Transparency is a crucial element to the judicial system in the United States. The courts operate on the premise that the public has a right to know the workings of the courts. Whether you're researching a criminal case, divorce proceeding, lawsuit or other legal matter, much of the information you're looking for is likely available to the public.

Know The Basics

Confirm details of the case and the people involved. Know how to spell the parties' names, whether the case is criminal or civil, when it took place, and which jurisdiction oversaw the proceedings. The more you know, the better your chances of finding the file.

Online Lookup

See whether the jurisdiction has an online case lookup. Certain counties and states have databases of civil and criminal proceedings. For federal cases, the Public Access to Court Electronic Records system allows access to many documents. Users must register and pay fees. As of December 2009, the fee for access to records was 8 cents per page.

Press Releases

In certain cases including those involving high-profile defendants, prosecutors often make indictments and other public records available for download.

In-Person Lookup

Online lookup generally is limited to a docket-style document, or a summary of court hearings and filings. Researchers who wish to review transcripts, affidavits (sworn statements), legal motions and other documents in a case file may have to look them up in person. The clerk of the courts in the jurisdiction where the case was heard is the keeper of such records. Policies vary among clerks, but in general, court filings are a matter of public record.

Off Limits

Know which information generally is off-limits. Presiding judges have broad authority to seal parts of case files, meaning the public cannot access them. In addition, case files may be partially redacted (blacked out) to conceal the identities of witnesses, confidential informants, minors and others. Juvenile criminal court files generally are not available to the public.

Appeal

If a court clerk has denied you access to a file you feel is a matter of public record, you may be able to fight the denial. First, understand the grounds. If the clerk kept the file from you to protect the privacy of one of the parties, ask whether you can have the file redacted. If you're trying to have a file or part of a file unsealed, you will need legal assistance to prepare the appropriate motion.

Source:

Citizen Media Law Project: Federal Court Records

The First Amendment Project: What To Do About Closed Records