Understanding how to access court documents might seem complicated, but it’s actually pretty straightforward once you break it down. Think of it like accessing a library—some books are easy to grab, others are older and harder to find, and a few are locked up for privacy reasons. Here’s what you need to know.
Getting Court Documents Online
Most court documents are available online, thanks to a system called Case Management/Electronic Case Files (CM/ECF). It’s like a giant digital filing cabinet for federal court cases. You can view these documents through a service called PACER (Public Access to Court Electronic Records).
- How to Use PACER:
You’ll need to create an account at pacer.gov. Once you’re set up, you can search for cases and download documents.
Some courts even offer free alerts for important updates through RSS feeds or read-only access to CM/ECF.
What’s Redacted for Privacy?
Federal rules require that sensitive information like Social Security numbers, dates of birth, and minors’ names be removed from public documents. This helps protect people’s privacy.
Older Court Documents
Not all court records are online. Cases filed before 1999 are often in paper format, which means you’ll need to contact the court where the case was filed to access them.
- Where to Look for Old Records:
Start by calling the court where the case happened.
If the court doesn’t have the documents, they may have been sent to the National Archives and Records Administration (NARA).
What If They’re Gone?
Paper records aren’t kept forever. If they’ve been destroyed, they’re gone for good, so act fast if you’re looking for something specific.
Are There Fees?
Yes, there are fees for accessing documents through PACER. Here’s a quick breakdown:
- PACER Fees:
You pay per page to download documents.
Bills are sent quarterly, but if your total is under a certain amount, you won’t be charged.
- Free Options:
Written opinions are free to view on PACER.
Many courts also post opinions on the Federal Digital System (FDsys) for free text searches.
You can view electronic and paper records for free at the clerk of court’s office, though printing copies will cost extra.
When Documents Aren’t Public
Some court documents aren’t available to the public because they’re sealed (kept private) or the hearing is closed.
- What Types of Documents Are Sealed?
Unexecuted warrants or summonses.
Bail or presentence reports.
Juvenile records.
Information about jurors or defense strategies.
- Why Are Documents Sealed or Hearings Closed?
Judges may seal records to:Protect sensitive information (like trade secrets or national security issues).
Avoid harming a criminal investigation.
Protect witnesses or victims from retaliation.
Example:
If a case involves a cooperating witness in a dangerous gang investigation, the court might seal records to keep them safe.How Can You Find Out If Something Is Sealed?
You can check PACER for motions to seal a document or close a hearing. Media organizations often file motions to challenge these decisions.
Special Cases: High-Profile Trials
For cases that get a lot of media attention, some courts create “Cases of Interest” pages on their websites. These pages may include:
Court orders.
Key documents.
Sometimes even exhibits from the trial.
Some courts also send email or text alerts during major trials, so reporters (and the public) stay in the loop.
Civil Cases and Confidentiality
When a civil case is settled, the fact that it’s settled usually becomes part of the public record. However, the terms of the settlement (like how much money was paid) are often kept confidential.
- Discovery Records:
Information gathered during a case (like depositions) doesn’t automatically become public. It usually stays with the lawyers unless it’s filed in court.
Judges can issue protective orders to keep sensitive materials private.
What About Bankruptcy Cases?
Bankruptcy cases are generally public, but there are exceptions. The court can withhold information if:
It contains sensitive commercial details.
It’s scandalous or defamatory.
It could increase the risk of identity theft.
Where to Learn More
If you want to dig deeper into how courts handle sealed documents or protective orders, check out these resources:
Sealing Court Records and Proceedings: A Pocket Guide.
Confidential Discovery: A Pocket Guide on Protective Orders.
Both are available from the Federal Judicial Center and are great for understanding the rules.
Gaps and Suggestions for Improvement
Explain PACER in Simpler Terms:
The guide assumes some knowledge of PACER. Including step-by-step instructions or a visual guide would help non-lawyers understand how to use the system.- Highlight Practical Tips:
Emphasize free access options (e.g., court opinions on FDsys or visiting a clerk’s office).
Mention common fees in plain language (e.g., “It costs $0.10 per page on PACER.”).
Expand on Sealed Documents:
Explain more about why certain types of cases (like juvenile or national security cases) are sealed and provide relatable examples.Include Common Scenarios:
Add examples like accessing records for a family member’s old case or researching a public interest issue.Visual Aids:
Use a flowchart or FAQ format to explain where to find documents and what to do if they’re not available online.
Example Additions
How to Search for Documents in PACER:
Log in to your PACER account at pacer.gov.
Search by case name, case number, or keywords.
Click on the document you want, and download it (fees apply).
Example of a Sealed Case:
A case involving a celebrity divorce might have certain documents sealed to protect the children’s privacy or to avoid releasing sensitive financial details.