Finding and using court records for family historians

Locating court records for research depends on the court's jurisdiction and the discretion of the caretaker of the records. In general, researchers may find them online at Family Search (using the catalog search option), posted by local societies or through state archives. The accessibility of court records at Family Search depends on the agreement with the local authority made at the time of filming of the records. Thus, many county-level court records for Missouri are readily accessible, while those from other states may require visiting a Family Search library affiliate or branch. Libraries have also published transcriptions or indices of court records, many of which are still available for purchase.

Microfilm of most court records exist and are accessible. Case files are the records most likely to be available only as original documents and so require viewing originals. Case files reside at local courthouses, record storage annexes or local or state archives. Always remember to check for appeals, which generated records in a higher court and different location.

Missouri court records provide an example. Family Search has circuit court records for many counties in digital format, but the Missouri State Archives filmed many county court records. Justice of the peace records survived sporadically, and access varies greatly. A good place to determine what is available on film is the Missouri County Records on Microfilm listing at sos.mo.gov/archives/resources/county/croll.

The Missouri State Archives also has indices for circuit court records, although these are not complete. Access is at s1.sos.mo.gov/records/archives/archivesdb/judicialrecords/. If the losing party appealed the case to the Missouri Supreme Court, details (including scans of original documents in many cases) are searchable at s1.sos.mo.gov/Records/Archives/ArchivesDb/supremecourt/. The National Archives holds federal court records covering Missouri, sometimes at the Kansas City branch.

Prior to Sept. 27, 1906, any court of record from municipal to federal could grant citizenship. Immigrants typically traveled to the closest court, so check first at the county level. Records for naturalizations in federal courts are in the National Archives branch serving the state where the person was naturalized (archives.gov/research/immigration/naturalization).

Research in court records begins by studying the history of the court system in the state (sometimes county) of interest to determine which courts involve your ancestors. People are more likely to appear in local court records than state and federal, but you should also know the law for the time and place. Once you gain insight into the courts, find a library to examine transcribed or abstracted records for the time and place of interest, if they exist. Many cases required publication of legal notices in local newspapers. Check to see if newspapers are digitized or accessible to search.

Begin a search of original records with index books (earlier ones are by plaintiff only, many after 1840 also have defendant indices). Some are in Family Search or elsewhere online, others require collaborating with a local researcher or in a county courthouse or archive. If your ancestor appears, search for an index to court records (or verify published versions against the original) to find a case file number. Using this number, access the case file as discussed above.

If docket books exist, examine entries using the dates for beginning and closing from the case file to determine if there are other entries/documents you need to check. If you cannot find a case file or docket book reference, search the volumes of documents (microfilm, or if you are near the courthouse, bound volumes of documents). Depending on the state or county, these may be minute books, order books or settlements. If there is no index, you will have to search page-by-page for the case in the minute, order, settlement or other book. Throughout, be alert for evidence of appeal to a higher court or settlement by arbitration.

Some reminders if you need to conduct on-site research. Call in advance to determine what records are available and where they are stored. Contact a local researcher or society for pointers. Determine if you can make copies or photograph records. Ask about hours and restrictions, parking and security protocols. Always remember the staff is not there mainly to help you with your research. You should also prepare to work in settings that are less than ideal.

Research in court records is tougher than using most other records. Nonetheless, if you take the time to learn about and access them, they can provide deep insight into the lives of your ancestors.