How to Request Copies of Case Records from the Court

Court records are not automatically handed over on request — there is a process, and it runs through the Clerk of Court of the specific branch that handled (or is handling) the case, not through any central archive.

Who Has Custody of the Records, and Who Can Ask

Under Rule 136 of the Rules of Court, the Clerk of Court of each branch is the custodian of that branch’s docket, judgment books, orders, pleadings, exhibits, and other case records. That means your request always has to be directed to the specific court and branch that handled the case — there is no single national repository you can query instead.

Parties to the case, and their counsel, can request certified copies of pleadings, orders, decisions, or other papers on file as a matter of course. If you are not a party — for example, a family member, a buyer doing due diligence on a property with litigation history, or an insurer — you generally still need to show a legitimate interest in the document, and you will need a Special Power of Attorney or similar written authorization from the party concerned, plus your own valid government-issued ID, if you are requesting on someone else’s behalf.

Some records carry extra restrictions regardless of who is asking. Cases involving minors, family and juvenile matters, victims of violence against women and children, and other categories the court treats as confidential are not released on a simple request — access typically requires leave of court, meaning you file a motion and the presiding judge decides whether and how the records may be released or copied.

Step-by-Step: How to Request Copies

• Step 1 — Identify the exact court, branch, and case number. If you only know the parties’ names or the approximate date, the Clerk of Court’s docket section can usually help you locate the case number, but this adds time, so gather what you can beforehand.
• Step 2 — Prepare a written request addressed to the Clerk of Court, specifying exactly which documents you need (for example, the decision, a specific order, or the entire case folder) and stating your interest in the case or your relationship to a party.
• Step 3 — Bring identification and authorization. A valid government-issued ID is required in all cases; if you are not a party, bring a Special Power of Attorney, board resolution, or other written authorization from the party, plus a photocopy of that party’s ID as well.
• Step 4 — Pay the prescribed fees at the Office of the Clerk of Court’s cashier. Fees for certified copies are set under Rule 141 of the Rules of Court and are periodically revised by the Supreme Court, so confirm the current schedule at the courthouse rather than relying on an old figure — in practice, expect a modest per-page reproduction charge plus a separate, fixed certification fee.
• Step 5 — Wait for processing and release. Straightforward requests for a small number of documents in an active, easily located case can often be released within days; requests involving archived records, voluminous case folders, or records that first require a court order for release will take longer.

Requesting Transcripts of Stenographic Notes

If what you need is the transcript of a hearing rather than a pleading or order, that request goes to the court stenographer who took the notes, not the Clerk of Court’s records section, and it carries its own separate fee under Rule 141. Older transcripts, especially from cases that predate full digital recording, may take longer to produce because they have to be transcribed or retrieved from archived stenographic notes.

Older or Archived Cases

Once a case is terminated and a set period has passed, records are typically transferred out of the active branch docket and into archival storage, which can be on-site, at a regional archive, or in some instances with the National Archives. If your case is old, expect the Clerk of Court to first need to retrieve the physical folder before your request can be acted on — it is reasonable to ask, when you file your request, whether the record is still with the branch or has already been archived, since that affects your timeline.

Supreme Court and Appellate Decisions

If what you are after is simply the text of a published Supreme Court or Court of Appeals decision rather than a certified copy for official use, you may not need to go through this request process at all — many decisions are publicly searchable free of charge through the Supreme Court’s own electronic library. A certified true copy for submission to another agency or for use in another proceeding, however, still has to be requested formally, in that case from the Clerk of Court of the Supreme Court or the Court of Appeals, following the same general logic described above.

Fee Waivers for Indigent Litigants

The Rules of Court allow a litigant who qualifies as indigent to be exempted from legal fees, including the fees for certified copies of the court’s own records in that litigant’s case. Qualification is assessed by the court against criteria set under Rule 141, so if cost is a genuine obstacle, raise the question with the Clerk of Court or, if you are represented, ask your counsel to look into whether an exemption applies rather than assuming the fee is fixed and unavoidable.

Common Pitfalls

• Going to the wrong office. Requests addressed to the wrong branch, or to a general courthouse information desk instead of the specific Clerk of Court, get delayed or bounced back.
• Missing authorization documents. A request on behalf of someone else without a Special Power of Attorney is one of the most common reasons a request stalls.
• Assuming all records are releasable on demand. Confidential case categories require a court order first, and skipping that step just means the request gets denied rather than processed faster.
• Underestimating timelines for archived cases. If the case is old, build in extra time for the physical folder to be retrieved before your copies can even be prepared.
• Requesting the wrong kind of copy. A plain photocopy and a certified true copy are not interchangeable for most official purposes — if the document is going to another agency, a bank, or a foreign consulate, confirm in advance whether that recipient specifically requires certification, an apostille, or both, so you do not have to make a second trip.
• Assuming the branch that decided the case still has every exhibit. Physical exhibits, as opposed to the paper record itself, are sometimes returned to the parties or otherwise disposed of once a case is final, so do not assume every item admitted at trial is still sitting in the court’s custody years later.

Requesting Records for Use in Another Proceeding

It is common to need a certified copy of a decision, order, or pleading from one case because it is relevant evidence in a separate, unrelated proceeding — for example, a prior conviction, a related civil judgment, or a settled land dispute that bears on a new case. In that situation, the request still goes to the Clerk of Court that has custody of the original file, and the certified copy is typically offered in the new proceeding as documentary evidence in its own right, subject to whatever rules on authentication the receiving court applies. Coordinate with your counsel in the new case early, since a certified copy can take time to obtain and the deadline to submit evidence in the new proceeding will not necessarily wait for it.

When a Subpoena Duces Tecum May Be Needed

If a court record is needed for a separate case and a simple request to the Clerk of Court is not sufficient — for instance, because the holder of the record will not release it voluntarily, or because the record’s authenticity needs to be independently established through testimony — a party in the separate case can ask that court to issue a subpoena duces tecum directing the Clerk of Court or custodian to produce the specific document. This is a more formal route than a simple written request, and it is typically handled through counsel rather than attempted directly by a self-represented party, since it involves motion practice in the requesting court rather than just a counter transaction at the courthouse holding the file.

Because the exact fee schedule and processing timelines can vary by court and are revised from time to time by the Supreme Court, the more precise plan is always to call or visit the specific Clerk of Court’s office first, confirm what is currently required and what it currently costs, and prepare your request around that rather than around a fee or timeline you saw somewhere else.

Frequently Asked Questions

Can I request court records online instead of going in person? Some courts accept written requests by mail or through their registry, but payment and release are still generally handled in person or through a representative at the courthouse. Check with the specific Clerk of Court’s office for whether they accept remote requests before assuming you can skip the trip.

What if I do not know the case number? The Clerk of Court’s docket section can usually search by the parties’ names and approximate filing date, but this takes longer than a request that already has the case number. Bring whatever details you have — full names, approximate year, and the nature of the case — to speed up the search.

Can a stranger to the case get a copy of a court decision? Generally yes for decisions that are not under a confidentiality restriction, since court decisions are public records, but the Clerk of Court may still ask you to state your purpose, and sensitive case categories are not released without a court order regardless of who is asking.

Are fees the same at every court level? No. The Rules of Court set separate fee schedules for different court levels, and the Supreme Court periodically revises those schedules, so the amount you pay at a first-level court will not necessarily match what a regional trial court charges. Confirm the current rate at the specific office where you are filing.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.