Kings County Court Records
Kings County court records are essential documents and materials that play a significant role in various aspects of the legal system. These records include filings, evidence, transcripts, electronic case data, and other related documents generated during legal proceedings in the county. They hold valuable insights for attorneys, the media, and the public. Courts in Kings County, New York, also rely on past and present case records for adjudicative functions, decision-making, and general administration.
Article 8 of New York's Judiciary Law authorizes the clerks of the courts to maintain court records as the official custodians and disseminate them along with other related Kings County Public Records.
Are Court Records Public in Kings County?
Yes. However, public access to court records in Kings County is based on a common law right. Although the New York Freedom of Information Law (FOIL) guarantees access to documents generated by government agencies, it does not cover judiciary records. Instead, Section 255 of the New York Judiciary Law governs access to court records.
Section 255 mandates the clerk to search papers, files, dockets, electronic data, transcripts, and other documents and make copies or certify that the records cannot be found when they receive a request.
However, specific state statutes restrict access to some court records. Statutory limitations to access to court records typically exist where the interest in confidentiality outweighs the public interest in disclosure. In these instances, the court may balance the public interest in disclosure with the need to protect the privacy and well-being of the individuals involved. Examples of restricted records include:
- Family Court Records: Access to Family Court records is governed by Section 166 of the Family Court Act. Records of proceedings in Family Court are not open to indiscriminate public inspection. To access a specific Family Court record, the requesting party must apply to the court and set forth the reasons for the request.
- Sealed Court Records: Several New York statutes permit the sealing of criminal case records. Access to sealed records is generally not authorized for anyone other than the defendant, their attorney, or specific law enforcement agencies.
Additionally, the court may limit or prohibit access to certain proceedings, such as matrimonial proceedings (Domestic Relations Law § 235), adoption proceedings (Domestic Relations Law § 114), and mental competency proceedings (Mental Hygiene Law § 33.14). Such records are usually only available with a court order.
What Do Kings County Court Records Contain?
Court records in Kings County typically contain the following details:
- Case Information: This includes the case number, names of the parties involved (plaintiff and defendant), the attorneys representing them, and the judge overseeing the case.
- Court Documents: These are the filed documents such as pleadings, motions, affidavits, orders, judgments, and other pertinent legal documents.
- Docket Entries: These entries summarize the events and actions in a case, including detailing hearing dates, case outcomes, and the case's progression through the legal system.
- Evidence: This comprises exhibits, photographs, and other evidence presented during trials or hearings.
- Trial and Hearing Transcripts: Court records may contain transcripts of proceedings, including witness testimonies, attorney arguments, and judicial rulings.
- Court Orders and Judgments: These are orders issued by the judge and final judgments made in a case.
Where to Conduct a Kings County Case Lookup
Individuals can access Kings County court records by:
- Walking into the courthouse where a case was filed
- Sending a request by mail to the Clerk of the Court that heard the case
- Visiting the eCourts web portal of the New York State Unified Court System
How to Conduct a Kings County Case Records Search
To obtain court records in Kings County, New York, individuals should submit a request to the County Clerk or Clerk of the Court's office. Generally, the court that processed the case will have the records. However, the Supreme Court and other county courts, except the superior court, usually archive their files with the County Clerk's office, making it essential to check with that office first to see if the records are available.
When requesting court records, individuals must provide a reasonable description of the sought-after records and follow the court's record retrieval system.
Fees
Section 255 of the Judiciary Law permits court clerks to charge certain fees to provide court records to requesters. These fees vary by court. Therefore, one should request a fee schedule from the clerk's office. However, according to Sections 8019(f) and 8020 of the Civil Practice Law and Rules (CPLR), a County Clerk's office may charge the following fees for record retrieval:
- Copy of a record or paper: The superior court clerk may charge 65 cents per page with a minimum fee of $1.20 to prepare a copy of any record or paper
- Certifying a prepared copy: For certifying a prepared copy of any record or paper, the clerk may charge 65 cents per page with a minimum fee of $5.20.
- A search of records: Pursuant to CPLR 8020(g), the clerk can charge a fee of $5 per name to search for records for a consecutive two-year period or any fraction of that period.
Obtaining Court Transcripts
To obtain transcripts of court proceedings, individuals should determine whether the minutes have been transcribed and are in the court file. If so, requests should be directed to the Clerk of the Court, who will charge per-page fees for copies of the transcript per CPLR § 8019(f) and 8020.
If the minutes have not been transcribed and are not in the court file, the stenographic notes will be in the custody of the court reporter who recorded the proceedings. Section 300 of the Judiciary Law governs access to these transcripts. Individuals should send a request to the court reporter to obtain copies of the transcripts. To identify the specific court reporter, individuals can submit inquiries to the courthouse where the case was handled, addressed to the "Supervising Court Reporter".
Fees for obtaining court transcripts
22 NYCRR § 108.2 outlines the fee structure for obtaining court transcripts. According to the law, the fees for ordering transcripts of court proceedings vary depending on who is responsible for payment and the delivery type. The rates are as follows:
- When the state's Unified Court System is responsible for payment to the court reporter:
- $2.50 per page for an original and $1.00 per page for each copy.
- Exception: Delivery, as required by Section 460.70 of the Criminal Procedure Law (appeals), costs $3.50 per page for an original, with no charge for the first copy.
- Exception: Regular delivery to a judge pursuant to Section 299 of the Judiciary Law is free of charge.
- When payment comes from public funds and is not covered by the first scenario:
- Regular delivery: $2.50 to $3.15 per page for an original and $1.00 per page for each copy.
- Expedited delivery: $3.15 to $4.25 per page for an original and $1.10 per page for each copy.
- Daily delivery: $3.75 to $5.25 per page for an original and $1.25 per page for each copy.
- In all other instances:
- Regular delivery: $3.30 to $4.30 per page for an original and $1.00 per page for each copy.
- Expedited delivery: $4.40 to $5.40 per page for an original and $1.10 per page for each copy.
- Daily delivery: $5.50 to $6.50 per page for an original and $1.25 per page for each copy.
How to Obtain Supreme Court Papers
The Kings County Clerk's office provides options for obtaining certified copies of Supreme Court papers and exemplifications.
Requesters must provide the case number or names of the parties involved. The certification fee is $8, and the cost for copying is 65 cents per page, with a minimum of $1.30. However, the clerk's office will notify the requester of the exact costs. If the requester needs an exemplification of a Supreme Court paper, they must pay an additional $25 fee, and an approximate two-week waiting period applies.
The Clerk's Office can also search on behalf of the requester if the case number is unknown. The requester will pay a $10 fee for a two-year search. The fee also covers a certificate. Additional searches beyond two years cost $5 for every extra two-year period (regardless of the range). Each two-year search period requires a separate bank or postal money order, and the clerk's office will return any unused money orders.
A mail request for court records, along with a self-addressed stamped envelope, should be forwarded to this address:
Kings County Clerk
Room 189, Window #9
360 Adams Street
Brooklyn, NY 11201
Individuals can also go to Window 9 at the Kings County Clerk's office to get certified copies of Supreme Court papers and exemplify them. They must pay an $8 certification fee (if required) and $0.25 per page. If the requesters need an exemplification, they must pay an additional fee of $25 and expect a 48-hour waiting period.
Kings County Civil Court Case Records
Kings County Civil Court case records are materials and documents created during non-criminal cases handled in the Kings County civil courts.
The Kings County Clerks of Court are the primary custodians of civil case records. Thus, individuals can visit any clerk's office location or the courthouse where a case was heard to obtain the records. Interested parties can also request case documents via mail or use the eCourt application of the New York State Unified Court System.
Kings County Criminal Court Case Records
Criminal court case records in Kings County are official documents and information about criminal cases processed in the county's criminal courts.
These records are maintained by the Kings County Clerks of the Court and can be obtained at the courthouses where cases were heard, via mail, or online through the state's Unified Court System eCourt database. Some records may be unavailable for public viewing due to statutory or judicial restrictions.
How to Get Court Records Online for Free
Individuals seeking court cases online for free can go visit the New York State Unified Court System's eCourts web application. They can search for cases as guests and view case summaries. People who want to view additional information must create an account. The site allows attorneys and parties with authorization to create accounts and access more information about proceedings filed in various courts, including those in Kings County.
However, individuals who want to obtain certified copies of court documents must pay the required fees.
Considered open to citizens of the United States, court records are available through both traditional, government sources, and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:
- The name of the person listed in the record. Juveniles are typically exempt from this search method.
- The last known or assumed location of the person listed in the record. This includes cities, counties, and states.
While third-party sites offer such services, they are not government sponsored entities, and record availability may vary on these sites when compared to government sources.
Courts in Kings County
The following are the addresses of courthouses in Kings County:
Supreme Court - Civil
360 Adams Street
Brooklyn, New York 11201
Phone: (718) 675-7699
Supreme Court - Criminal
320 Jay Street
Brooklyn, New York 11201
Phone: (347) 296-1076
Civil Court
141 Livingston Street
Brooklyn, New York 11201
Phone: (General Info): (212) 791-6000
Phone: (Civil): (347) 404-9123
Phone: (Housing): (347) 404-9201
Phone: (Small Claims): (347) 404-9021
Red Hook Community Justice Center
88 Visitation Place
Brooklyn, New York 11231
Phone: (Red Hook - Housing): (718) 923-8270
Criminal Court
120 Schermerhorn Street
Brooklyn, New York 11201
Phone: (646) 386-4500
Fax: (718) 643-7733
Family Court
330 Jay Street
Brooklyn, New York 11201
Phone: (347) 401-9610
Fax: (347) 401-9609
Surrogate's Court
2 Johnson Street
Brooklyn, New York 11201
Phone: (General): (347) 404-9700
Phone: (Administration): (347) 404-9690
Phone: (Probate): (347) 404-9670
Brooklyn Treatment Court
320 Jay Street
Brooklyn, New York 11201
Phone: (347) 296-1143
Misdemeanor Brooklyn Treatment Court
120 Schermerhorn Street
Brooklyn, New York 11201
Phone: (347) 404-9616
