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'' | '''''[[United States Genealogy|United States]] [[Image:Gotoarrow.png]] [[United States Court Records|U.S. Court Records]] [[Image:Gotoarrow.png]] [[New York Genealogy|New York]] [[Image:Gotoarrow.png]]'' Court Records''' {{NY-sidebar}} | ||
[[Image:Ny-brooklyn-borough-hall.jpg|right|400px|Ny-brooklyn-borough-hall.jpg]] | [[Image:Ny-brooklyn-borough-hall.jpg|right|400px|Ny-brooklyn-borough-hall.jpg]] | ||
== Value == | |||
Court records in New York State cover a broad range of actions and jurisdictions. Court actions can be divided into Civil and Criminal. '''''Civil''''' actions involved disputes between individuals, while '''''criminal''''' actions involve the individual and the government. | Court records in New York State cover a broad range of actions and jurisdictions. Court actions can be divided into Civil and Criminal. '''''Civil''''' actions involved disputes between individuals, while '''''criminal''''' actions involve the individual and the government. | ||
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Criminal court records can cover a broad range of “transgressions.” Crimes against the state are either misdemeanors or felonies. Misdemeanors are crimes lesser than felonies, which usually result fine, penalty, forfeiture (of property), or short imprisonment. Felonies may result in imprisonment for a lengthy term and up to execution. | Criminal court records can cover a broad range of “transgressions.” Crimes against the state are either misdemeanors or felonies. Misdemeanors are crimes lesser than felonies, which usually result fine, penalty, forfeiture (of property), or short imprisonment. Felonies may result in imprisonment for a lengthy term and up to execution. | ||
== Background == | |||
'''Modern Structure.''' For the modern period, ''The Sourcebook of County Court Records'', 4th ed.<ref name="SCCB">''The Sourcebook of County Court Records: A National Guide to Civil, Criminal, and Probate Records at the County and Municipal Levels within the State Court Systems'', 4th ed. (Tempe, Arizona: BRB Publications, 1998) {{WorldCat|39761984|disp=At various libraries (WorldCat)}}; {{FHL|817482|item|disp=FHL Book 973 P24sou 1998}}.</ref>, p. 375, contains a useful chart showing the structure of the various courts in New York State, their jurisdiction (i.e. the types of cases they here) and how many there are. On page 376, addresses are given for the major statewide courts, and this page is followed by 21 pages giving addresses and contact information for the various town, village, city, and county courts in the state. This is followed by five pages of cross references of local municipalities to the county in which each is located. | '''Modern Structure.''' For the modern period, ''The Sourcebook of County Court Records'', 4th ed.<ref name="SCCB">''The Sourcebook of County Court Records: A National Guide to Civil, Criminal, and Probate Records at the County and Municipal Levels within the State Court Systems'', 4th ed. (Tempe, Arizona: BRB Publications, 1998) {{WorldCat|39761984|disp=At various libraries (WorldCat)}}; {{FHL|817482|item|disp=FHL Book 973 P24sou 1998}}.</ref>, p. 375, contains a useful chart showing the structure of the various courts in New York State, their jurisdiction (i.e. the types of cases they here) and how many there are. On page 376, addresses are given for the major statewide courts, and this page is followed by 21 pages giving addresses and contact information for the various town, village, city, and county courts in the state. This is followed by five pages of cross references of local municipalities to the county in which each is located. | ||
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:James Folts’s essay on "courts, state" in the ''Encyclopedia of New York State'' (2005) says, "despite several major reorganizations over the past two centuries, New York's system of multilevel, special-purpose, and locally and regionally organized courts is the most complex of any state."<ref>James D. Folts, "courts, state" in Peter R. Eisenstadt, and Laura-Eve Moss, eds., ''Encyclopedia of New York State'' (Syracuse, N.Y.: Syracuse University Press, 2005), 416. {{WorldCat|57506556|disp=At various libraries (WorldCat)}}; {{FHL|1354150|item|disp=FHL Book 974.7 A5en}}.</ref> | :James Folts’s essay on "courts, state" in the ''Encyclopedia of New York State'' (2005) says, "despite several major reorganizations over the past two centuries, New York's system of multilevel, special-purpose, and locally and regionally organized courts is the most complex of any state."<ref>James D. Folts, "courts, state" in Peter R. Eisenstadt, and Laura-Eve Moss, eds., ''Encyclopedia of New York State'' (Syracuse, N.Y.: Syracuse University Press, 2005), 416. {{WorldCat|57506556|disp=At various libraries (WorldCat)}}; {{FHL|1354150|item|disp=FHL Book 974.7 A5en}}.</ref> | ||
== Types of Criminal Courts == | |||
In the colonial period, the Court of Quarter Sessions or simply the Court of Sessions, handled misdemeanor crimes in many colonies. After the Revolution, Courts of “Oyer and Terminer” performed the same function. | In the colonial period, the Court of Quarter Sessions or simply the Court of Sessions, handled misdemeanor crimes in many colonies. After the Revolution, Courts of “Oyer and Terminer” performed the same function. | ||
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Crimes against the United States are handled in Federal District or Circuit Courts, sometimes leading ultimately to the United States Supreme Court. | Crimes against the United States are handled in Federal District or Circuit Courts, sometimes leading ultimately to the United States Supreme Court. | ||
== Types of Crimes == | |||
There are two types of crimes for which a court record has value for the genealogist: | There are two types of crimes for which a court record has value for the genealogist: | ||
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#trespass (as a group) | #trespass (as a group) | ||
== The Trial Process == | |||
While there is some variation over time and place, a criminal trial usually consisted of these events: | While there is some variation over time and place, a criminal trial usually consisted of these events: | ||
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Another type of bond is a “bail bond.” This bond, which releases a person from jail while awaiting trial, also required a surety, and that person might also be a close relative. | Another type of bond is a “bail bond.” This bond, which releases a person from jail while awaiting trial, also required a surety, and that person might also be a close relative. | ||
== Courts of Genealogical Value Timeline == | |||
Major [[New York Genealogy|New York]] courts that have kept records of genealogical value include the following: | Major [[New York Genealogy|New York]] courts that have kept records of genealogical value include the following: | ||
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'''1847–present:''' County courts are the major trial courts for each county with jurisdiction over criminal matters, minor equity cases, and some appeals. They assumed the duties of the court of common pleas. The Family History Library has some records. The Family History Library has some records of the county courts. Search in the [https://familysearch.org/catalog-search FamilySearch Catalog] for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The County Court records will be listed under that topic. An example is the records of the County Court for Jefferson County, New York: {{FHL|394388|item|disp=FHL Film 1016857 Item 1 (4 Films)}} <br> | '''1847–present:''' County courts are the major trial courts for each county with jurisdiction over criminal matters, minor equity cases, and some appeals. They assumed the duties of the court of common pleas. The Family History Library has some records. The Family History Library has some records of the county courts. Search in the [https://familysearch.org/catalog-search FamilySearch Catalog] for your specific New York county using a Place-Name search and then find the Court records topic in that county's listing. The County Court records will be listed under that topic. An example is the records of the County Court for Jefferson County, New York: {{FHL|394388|item|disp=FHL Film 1016857 Item 1 (4 Films)}} <br> | ||
== Records at County Courthouses == | |||
Most county and district court records are at local courthouses. Surrogate's court records are kept in separate offices. The New York State Archives has many pre-1847 supreme court and chancery court records, described in New York State Archives, ''List of Pre-1847 Court Records in the State Archives'' (Albany, New York: Office of Cultural Education, 1984.) {{WorldCat|13687937|disp=At various libraries (WorldCat)}};{{FHL|364569|item|disp= FHL Book 974.7 A1 no. 316}}. These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest. <br> | Most county and district court records are at local courthouses. Surrogate's court records are kept in separate offices. The New York State Archives has many pre-1847 supreme court and chancery court records, described in New York State Archives, ''List of Pre-1847 Court Records in the State Archives'' (Albany, New York: Office of Cultural Education, 1984.) {{WorldCat|13687937|disp=At various libraries (WorldCat)}};{{FHL|364569|item|disp= FHL Book 974.7 A1 no. 316}}. These records are now being microfilmed by the archives. For recent court records, contact the clerk of the specific court of interest. <br> | ||
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The Family History Library has microfilmed only a small portion of the available New York court records. The library has some records of courts of common pleas, courts of general sessions, county courts, courts of oyer and terminer, chancery court, supreme court, lis pendens, divisions of estates, and surrogate's court probates and guardianships. <br> | The Family History Library has microfilmed only a small portion of the available New York court records. The library has some records of courts of common pleas, courts of general sessions, county courts, courts of oyer and terminer, chancery court, supreme court, lis pendens, divisions of estates, and surrogate's court probates and guardianships. <br> | ||
== Federal Courts == | |||
In addition to state and county courts, there are several federal circuit courts and United States district courts that have jurisdictions within New York. These include: | In addition to state and county courts, there are several federal circuit courts and United States district courts that have jurisdictions within New York. These include: | ||
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Kronman, Barbara. ''The Guide to New York City Public Records'', Fourth Edition. (New York, New York: Public Interest Clearinghouse, 1992). {{WorldCat|10689881|disp=At various libraries (WorldCat)}}; {{FHL|640284|item|disp=FHL Book 974.71 A3k}}. Includes chapters on city government, courts, libraries, and personal information. Shows how to obtain vital records, name change records, and naturalizations. | Kronman, Barbara. ''The Guide to New York City Public Records'', Fourth Edition. (New York, New York: Public Interest Clearinghouse, 1992). {{WorldCat|10689881|disp=At various libraries (WorldCat)}}; {{FHL|640284|item|disp=FHL Book 974.71 A3k}}. Includes chapters on city government, courts, libraries, and personal information. Shows how to obtain vital records, name change records, and naturalizations. | ||
== For Further Reading == | |||
*Folts, James D. ''Duely Constantly Kept: a History of the New York Supreme Court, 1691-1847 and an Inventory of its Records (Albany, Utica, and Geneva Offices), 1797-1847'' (Albany, New York: New York State Court of Appeals and New York State Archives and Records, 1991). [http://www.courts.state.ny.us/history/elecbook/duely/pg1.htm NY Courts site] - free online copy; {{WorldCat|29667241|disp=At various libraries (WorldCat)}}; {{FHL|499046|item|disp=FHL Book 974.7 P2d}}. '''The''' guide to New York Court records before 1847, but also contains an explanation of the organization of the courts after 1847. James D. Folts and state archives staff organized and described the documents. See the Bibliograpy pages 115 to 125. Includes an index.<br> | *Folts, James D. ''Duely Constantly Kept: a History of the New York Supreme Court, 1691-1847 and an Inventory of its Records (Albany, Utica, and Geneva Offices), 1797-1847'' (Albany, New York: New York State Court of Appeals and New York State Archives and Records, 1991). [http://www.courts.state.ny.us/history/elecbook/duely/pg1.htm NY Courts site] - free online copy; {{WorldCat|29667241|disp=At various libraries (WorldCat)}}; {{FHL|499046|item|disp=FHL Book 974.7 P2d}}. '''The''' guide to New York Court records before 1847, but also contains an explanation of the organization of the courts after 1847. James D. Folts and state archives staff organized and described the documents. See the Bibliograpy pages 115 to 125. Includes an index.<br> | ||