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The History of Court Record Research - 1980's
The History of Court Record Research - 1980's
The United States often prides itself on the principle of open courts, where judicial proceedings and records are largely accessible to the public. However, the practical application of this principle has undergone a profound transformation, particularly from the 1980s to the present day.
In the 1980'saccessing court records in the USA was a primarily manual,
labor-intensive, and often frustrating endeavor. The process began with identifying the exact courthouse—be it federal, state, or county, and its specific division (e.g., civil, criminal, family). With no widespread electronic systems available for public use, individuals had to physically travel to the courthouse.
Upon arrival, the "walk up and ask" approach was the only option. One would approach the clerk's counter, requesting to view a case file by name or, ideally, by case number. If the case was located (often after a manual search through large, bound indices or card catalogs), the physical paper file would be retrieved from storage. Older cases might be held off-site, leading to delays of days or even weeks.
However, the biggest practical hurdle was often the human element. Despite the legal principle of public access, many requesters faced significant pushback:
The "Why Do You Want It?" Grilling: Clerks frequently questioned the requester's motives, often implying that only lawyers or direct parties had a legitimate right to access, even for technically public records. This discretionary gatekeeping was a common tactic.
Bureaucratic Obstacles: Individuals might be told records were "not public," "too old," "in storage" with indefinite retrieval times, or that they needed an exact case number to proceed. These were often de facto denials or delaying tactics.
Lack of Formal Recourse: If access was denied by a clerk, there was rarely an easy or affordable pathway for a layperson to appeal the decision, forcing extreme persistence or the costly involvement of legal counsel.
Thus, while basic information like a case's existence, parties, and status could theoretically be obtained, the reality was that "fighting your way through" the system was a common experience for those seeking more substantial access or detailed records.
The landscape has changed dramatically since the 1980s. . Today, much of what required a physical visit in 1989 can be done from a computer, reducing the friction of the "walk up and ask" experience and standardizing access procedures, though fees for copies and specific search functions remain.
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