Outside of the Freedom of Information Act , right of access to some court records is ordinarily reserved for parties concerned or their legal representatives. Persons wishing to have access to a court record in court proceedings to which they are a party should firstly make inquiries of the Court Office where the case was heard. An application for access to court records held on the court file and made by a person who is not a party to the case must be made directly to the court where the case was heard and put before the Judge for decision outside of the Freedom of Information Act.
Applicants are advised to contact the Court Office concerned to seek further information on the applicable procedures. The Rules of Court governing the procedure to be followed when seeking access to any recording of court proceedings and the terms on which access may be allowed are prescribed in the following Statutory Instruments:. Any request for access to a recording of court proceedings must be made by formal application to the trial judge in the proceedings, and on notice to the other party or parties to the proceedings.
It is a matter for the judge to decide whether, and in what format, access to a recording of court proceedings is provided. If an application for court recordings has been granted by the judge, the applicant may have to pay the transcript costs unless the judge directs otherwise. Please Contact Us for further information if you have any queries in relation to the above.
Access to Court Records. Click here for our Covid 19 Response Updates. Freedom of Information - access to court records. Examples of legal documents that may form part of the court record:. It is important to have the case name or, better still, the full case citation when beginning your research.
Knowing the citation will help disambiguate between cases that went through several levels of court e. One way to find the case citation details is to first locate the judgment in a legal database such as CanLii. In what court was the case heard? Once you know the level of court, it may be helpful to discern where the case is registered.
For instance, the BCSC has numerous registries throughout the province. Original documents that form part of the case record will typically be registered in the associated jurisdiction of the case. Of note, many court documents held at court registries, particularly older documents, will not be digitized. Note also that older court documents may be located in off-site storage, presenting a longer wait time to access. Some types of case files are off-limits to the public. For example, criminal, family, bankruptcy and probate files, and those civil files that have an publication ban, are not generally accessible - or at least not in full.
You would need to be either a lawyer or a party to the case to access the court documents due to the personal or sensitive nature of the material.
The Supreme Court of Canada , based in Ottawa, allows for online requests of court documents. If documents were filed as part of court proceedings, then the court registry where the case was tried in usually keeps a copy of these associated documents. Note that not all documents used in court are part of the official court record e. Viewing the records in a court registry usually requires an in-person visit and a small fee. Access may also be restricted, such as a prohibition of cell phone use while viewing records.
Requests for copies of court records may also be made remotely to some court registries e. Newer court documents may available online if a digitized version was originally submitted to the court via electronic submission; this is becoming more common. Overall, though, there is a limited amount of original court documentation available online, even for a fee.
The main exception is the actual case law a copy of the judge's decision which is amply available via multiple online sources. The Supreme Court of Canada also posts more court documents online, such as factums, given the importance of these cases. About: CSO is a BC government website which allows you to interact with BC's Court Systems in a few ways: to search provincial and supreme court files, to review the day's schedule of court matters, and to e-file some court documents.
These records can be accessed directly from NARA. Individual researchers working on defined research projects intended for scholarly work can use the attached form pdf to request PACER fee exemptions from multiple courts. In accordance with the EPA fee schedule, the request should be limited in scope, and not be intended for redistribution on the internet or for commercial purposes. The IDB has case data not documents for criminal, civil, appellate, and bankruptcy cases that can help researchers refine their requests.
You may also conduct nationwide searches to determine whether or not a party is involved in a federal case. This database updates at midnight each day.
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