Texas Court Records
Court records contain information about a lawsuit or legal matter. This includes both criminal and civil cases. They provide detailed information on the case, including who was involved, how it began, and any other important details relevant to the case itself. Every case in which a person faces offense charges, and every civil action involving the title to real property, is available in some public office within this state.
What Is the Accessibility and Availability of Texas Court Records to the Public?
Texas has certain rules regarding public records. Its legislation requires that any public body that creates, collects, writes, and maintains information on behalf of a state governmental entity must regard such data as public information. As a result, interested public members can access this material under the Texas Public Information Act. This legislation was approved in 1973.
However, the Texas Judiciary is an exclusion from this Act. As such, access to Texas court documents is under the purview of the Supreme Court of Texas.
Process of Finding Texas Court Records
The process of accessing court documents involves several steps. The initial one entails determining the particular courthouse responsible for handling the case. You can do so by identifying where it was initially filed.
The Texas court system has two divisions: the appellate courts and the trial court divisions. There are three courts under appellate courts in Texas:
- The Supreme Court of Texas.
- The Court of Criminal Appeals.
- The Courts of Appeals.
Next, you have to contact the court’s record keeper for more information upon identifying the proper court. In most cases, the Office of the Court Clerk for each court maintains court records. Contact information on the courts in the Texas court system is accessible on the state judiciary’s web directory.
Obtaining the Court Records
Texas has two methods for the retrieval of court cases. This is either in person or by writing to the record custodian at the courthouse. However, certain courts allow the public to view some of these data via online websites. For example, the District Clerks’ offices in Harris County, Dallas County, and Travis County each have web portals that allow users to view case information and search for court documents online. The Texas Appellate Courts also give access to an online case search option for those who are interested.
There are several pertinent details that a person who is searching for court records needs to provide. This is regardless of whether the person is searching through the internet, by mail, or in person. This type of information typically includes the case number and the names of the parties participating in the lawsuit.
Necessary Fee for Accessing Texas Court Records
The process of acquiring copies of these records often necessitates the payment of a charge. The amount of this charge varies from court to court. For instance, Dallas County imposes a $5 search fee per record and a $1 per page fee for each certified copy. Obtaining a certified copy of a record costs $1 in Harris County. However, Tarrant County charges $1 and 50 cents per page for certified copies and non-certified copies, respectively.
The law deems these records to be public. As such, they are available on all government institutions that find it right to post them. Similarly, third-party websites also make the search process simpler. This is because they have no geographical or technological limitations.
These databases are an excellent starting point for searching for a particular record or numerous entries. Interested parties must normally supply the following information to acquire access:
- The name of the individual in the court record. Note that juveniles are normally excluded from subjection to this kind of search.
- The recent known location of the individual in question. You can provide these details in terms of city, county or state.
However, there is a downside to third-party sites providing such services. The government does not sponsor or endorse these enterprises. As such, the availability of records on these sites may differ from that of official sources.
The Working Process of Texas Courts
Cases in both criminal and civil matters in the State of Texas commence in the Trial Courts system. This kind of court allows for the presentation of evidence, the hearing of witnesses, and the taking of testimony before the judgment. Generally, Trial Court judgments are appealable at the state’s Courts of Appeals.
However, Texas Justice Courts and the vast majority of Municipal Courts aren’t courts of records. As such, appeals from these courts must be handled de novo in the state’s County or District Courts. This implies that the courts handle these appeal cases as new cases like there has been no trial before.
Court Decisions and Appeals
The Texas Courts of Appeals have authority over most appellate proceedings in Texas. The only exceptions are cases that are solely within the jurisdiction of the Court of Criminal Appeals. Additionally, they don’t allow new testimony or accept new evidence in their proceedings. Instead, the judges examine the records of the Trial Courts and the briefs by the appellate parties before making a judgment on a case.
Texas has 14 appellate districts, with a Court of Appeals for each district, which serves the counties within that district.
Courts of Appeals’ decisions are appealable at the Supreme Court of Texas or the Texas Court of Criminal Appeals. The choice of where to appeal depends on whether the matter is civil or criminal in nature.
Moreover, the Appellate Courts have discretionary authority over the cases they accept for review. The only exception is instances involving death sentences. Instead, defendants can appeal cases of this kind from the Trial Courts to the Texas Court of Criminal Appeals.
The Supreme Court of Texas, together with the Court of Criminal Appeals of Texas, are the highest courts in the state. As such, judgments by these courts are final hence non-appealable in the state. However, note that some of these judgments may be subject to review by the United States Supreme Court.
Court’s Organization Structure
Each of the Supreme Court of Texas and the Texas Court of Criminal Appeals consists of nine justices. Furthermore, the Texas Courts of Appeals must have three justices when rendering any verdict, per the statutory requirements.
There are at least three types of courts in each county in Texas:
- The District Court.
- The County Court.
- The Justice Court.
Additionally, each of these courts has a judge. There are also 18 Probate Courts in the state of Texas’s judicial system.
The court system holds elections every four years with the aim to elect Justices and judges. On the other hand, Municipal Court judges are appointed in line with the regulations established by the governing body of the municipality of the court. These judges’ tenure lasts for 2-4 years.
Civil Court, Small Claims: What Are They?
Texas’ District Courts and County Courts share authority over civil cases. Generally, District Courts have jurisdiction over civil proceedings involving more than $200, whilst County Courts have jurisdiction over civil matters involving claims ranging from $200 to $250,000.
Moreover, Justice Courts have original jurisdiction over civil actions involving less than $20,000 in value. This is per Chapter 27 of the Texas Government Code. This is exempt if the cases fall into any of the following categories:
- Under the exclusive authority of the District and County Courts.
- Cases regarding recovery of damages for defamation of character or slander.
- A lawsuit concerning the enforcement of a lien on property or a trial of the ownership of land.
These small claims under the jurisdiction of Justice Courts are often informal. As such, concerned parties have no attorney representation obligation.
Texas Appeals and Court Limits
Parties whom the decisions of any appeal court do not please them may make a move for rehearing of the matter. For instance, there are some cases where only three justices in a Court of Appeal hear and make decisions. In such a situation, you may file an appeal for rehearing of the case by the whole panel of justices.
Additionally, it is possible to file another appeal with either the Supreme Court of Texas for civil and juvenile matters or with the Texas Court of Criminal Appeals for criminal matters. This is necessary upon denial of the rehearing motion or if the decision is still unsatisfactory to the appealing parties.
The nine justices in the Supreme Court and the Criminal Court of Appeal often hear matters in panels of three members. However, this provision has an exception. For instance, the Court of Criminal Appeals must ensure that all judges are present when dealing with death penalty cases.
Moreover, these courts have a similarity with the Courts of Appeals in that they decide by analyzing the records of the subordinate courts. These courts may also listen to oral arguments from the appealing partings.
It is also possible to file a rehearing request of a case after a dissatisfactory ruling by the courts. Denial of such a motion means that the court’s decision is final.
Appeal Filing Timelines
It is necessary for parties wishing to submit appeals in the State of Texas to do so within a certain time frame. You must file an appeals to the Texas Courts of Appeals within 30 days after a trial court’s decision. Additionally, the filing of a rehearing motion must also be within 15 days after the Appellate Court’s ruling,
On the other hand, parties must file an appeal to the Supreme Court of Texas within 45 days of the date from which:
- There was the rendering of the decision by a Court of Appeals.
- There was a refusal of the request for rehearing by the Court of Appeals.
You must also file an appeal with the Texas Court of Criminal Appeals within 30 days after the issuance of the decision or 30 days after your rehearing application denial by the Court of Appeals.
It’s important to note that these two courts have discretion over jurisdictional matters of the cases they can review. However, the Texas Court of Criminal Appeals has exclusive authority over death sentence lawsuits. As such, parties appeal such cases straight to this court from the subordinate courts. On the other hand, appeals from cases involving granting or rejecting an injustice relief by a trial court are appealable directly to the Supreme Court.
Texas Court Case Search
It is usually possible to get information on most Texas court cases. You can do so by calling the office of the record custodian where you initially filed the case. There is also a directory that contains information on how to contact the courts in Texas.
Moreover, a few Texas courts allow public members to have online access to these records. A good example is Collins County which allows people to use its Case Lookup & Court Schedules website to search for court cases and schedules. It’s also possible to access these documents via third-party websites, but their services aren’t free.
Texas Court Dockets
A docket describes a compilation of cases that are currently pending in a court of law. Typically, each county has its online website for search purposes. These dockets contain a description of the upcoming cases, whether misdemeanors or felonies, and the hearing dates. They also describe the type of court that will listen to the particular case.
A case number is necessary when locating these kinds of cases. These numbers often show the sorts of cases that have been filed and the date on which they were filed. Being aware of the right case number when attempting to obtain a court record will assist in locating the documents faster. Moreover, most courts demand this information when responding to record requests.
However, certain counties may levy an extra search cost where the requestor lack the case number. For instance, Tarrant County charges a $5 research fee for such a scenario.
Texas Bankruptcy Records
These records display information on people and businesses that file for bankruptcy at the federal. Usually, these records are public, and anyone can have access upon request. However, there is an exception to those records that are under the law’s protection.
Residents may acquire copies of their records by contacting the custodian of records. Alternatively, individuals can access them electronically through the Public Access to Courts Electronic Records (PACER) system. Here, they can examine the documents and even print them.
