Are Tennessee Court Records Public?
Yes. Court records and any document or material produced by government agencies and departments during their official duties are public records in Tennessee. The Tennessee Public Records Act (TPRA) grants the members of the public the right to inspect and make copies of documents and materials maintained by government bodies. Enacted in 1957, the TPRA ensures the transparency and accountability of public officials. To gain access to public records, inquirers must properly file requests orally or in writing to the Public Record Request Coordinator (PRRC). The PRRC ensures that public records requests are filed and dispatched to the body possessing the record being sought.
Custodians of public records reserve the right to deny some record requests. Section 10-7-504 of the Tennessee Annotated Code exempts some records from public disclosure. These exemptions are regularly updated as the TPRA undergoes amendments, and as of the last check, more than 538 previously public documents are no longer public records. Information such as medical records and personal details of former or current public employees are not accessible to members of the public. Individual judges' files regarding their recusal from cases are only open to the public if included officially as part of case records. Tennessee residents can use the Public Records Exception Database to confirm the status of any public record of interest.
What Shows Up on a Tennessee Court Records Search
Tennessee court records are documents generated to provide an official account of a judicial proceeding. The Tennessee Public Records Act allows residents of the state to obtain copies of court records for personal investigation or other legitimate purposes as long as such records are not sealed or exempted from inspection by law.
Most Tennessee courts provide access to their records via physical or electronic formats, but these options vary from one court to another. Interested individuals willing to conduct court records searches can submit requests to the Court Clerk's Office in person, via mail, or online, depending on the options provided by the court. The inquirer will need to use search parameters, such as the name of both parties involved in the case, case or docket number, filing date, or name of the presiding judge to search.
How Do I Find Court Records in Tennessee?
The first step in obtaining court records in Tennessee is determining the court that tried the cases of interest. Courthouses keep official records of court hearings, and the clerks serve as custodians of court records. The different classes of courts and the types of cases heard in Tennessee are:
- Circuit Courts: Cases involving proving guilt or innocence are tried at the Circuit Courts. Civil cases like debts owed, divorce, and assault are among those in the purview of this court. The court also tries criminal cases such as theft, gambling, and murder.
- Chancery Courts: Chancery Courts resolve equity issues in determining what will be fair to all parties in the case. Examples of cases tried at the Chancery Courts include land disputes, Asset sharing during divorces, and dissolution of business partnerships.
- Court of Appeals: Tennessee Court of Appeals resolves non-criminal issues emanating from the lower courts. Any dissatisfied party from a lower court can approach the Court of Appeals.
- Criminal Court of Appeals: The Criminal Court of Appeals hears appeals of felony and misdemeanor cases earlier tried at the Circuit Courts. The Criminal Court of Appeals also hears post-conviction appeals.
- Supreme Court: The Tennessee Supreme Court is the highest in the state. The Supreme Court resolves every issue emanating from the lower courts, including the other appellate courts.
Tennessee Court Records Public Access
Inquirers may submit public record requests to the clerks of the different courthouses. The Tennessee Annotated Code sets a copying fee of 50¢ per page of court records. A $5 fee is charged for certification and seal or for making copies of an abstract.
Custodians of public records in Tennessee must respond to any public record request within seven business days. If a request is denied, the custodian must state the reason for rejecting such request. Requestors must be notified promptly of any record request that will not be available within seven days.
Tennessee State Library and Archives
The Tennessee State Library and Archives keeps records of court minutes from the Circuit, County, and Chancery Courts in the state. Minutes are summaries of court proceedings and are different from full transcripts. They are preserved as indexes with 5-year intervals each. Inquirers must provide:
- The defendant's surname
- The county the specific case of interest was tried
- A 5-year date span to include the year the court tried the case when making their request.
Requestors are charged a non-refundable $5 fee to search through any 5-year index. The fee covers the cost of making 20 pages of the requested court record available to the inquirer. Additional pages after the initial 20 copies attract a fee of 50¢ per page. Payments must be made in advance via money order, checks, or credit cards to obtain record copies. Requestors should complete the court record request form and send, alongside the proof of payment, to:
Tennessee State Library and Archives
Research Department
403, Seventh Avenue North
Nashville, TN 37243-0312
The Tennessee State Library and Archives sends requested records by US mail to the address specified by the inquirer. To certify a court record, the inquirer must pay a non-refundable fee of $5 for every copy certified. The requestor may also ask that the documents be delivered as PDF files via email. The inquirer must check the email option under the delivery instruction section of the court record request form for email delivery. If no boxes are checked, or if the requestor submits more than one email address, the requested record will be sent by US mail. Records that cannot be sent via email will also be sent by US mail, even if the inquirer requests email delivery. However, the Tennessee State Library and Archives do not certify copies of court records sent by email.
The Tennessee Supreme Court Public Case History
The Public Case History is an online tool that allows members of the public to remotely gain access to public court records of the Supreme Court, the Court of Appeals, and the Criminal Court of Appeals. Also known as C-Track, it is a case management system maintained by the Appellate Court Clerk. Members of the public can access every order, motion, judgment, and opinion from August 26, 2013, to date. Cases before August 2013 are currently being transferred to the C-Track platform.
Interested persons may query the Public Case History for records in the following ways:
- Search by Case Number: Inquirers can use the sequence number listed in the appeal to search the database. For example, if a particular case number is M2017-01185-COA-R3-PT, 1185 is the sequence number.
- Search by Case Style: Any part of the title used by the court to name a case can be used to search a court record.
- Search by Name of Any Party to an Appeal: Inquirers can use the name of any confirmed party to an appeal to search a court record. For instance, entering the name, David will return cases that have David as one of the parties to a case.
- Search by Name of Organization: The name of an organization that was a party to any appeal can be used to search the database for a record of interest.
How to Conduct a Tennessee Court Record Search by Name
The first step in conducting a court record search by name in Tennessee is to identify the court where the case or record was filed, after which the interested individual can then submit a court record request form with the name of case parties, attorney, or judge to the clerk of the courthouse either physically or online to retrieve the desired records. It is important to note that the Tennessee Annotated Code authorizes a copying fee of $0.50 per page for court records and $5.00 for certification or obtaining copies of an abstract.
An individual can also carry out a court record search by name by contacting the Tennessee State Library and Archives to obtain up to 20 pages of the requested court record at a cost from 8 am to 4 pm Tuesdays through Saturdays. After the stipulated 20 copies, retrieving extra pages attracts additional charges of $0.50 per page.
The Public Case History or C-Track is an online database or case management system managed by the Appellate Court Clerk in Tennessee. Interested individuals can search the Public Case History for records using the Name of Parties or organizations listed in the case file.
How to Get Court Records Online for Free
Individuals who wish to get court records for free online can use the public access computers provided by the court to maintain the records sought after to search for free. The information seeker should note that this may not always be feasible as most courthouses do not provide public access terminals and have charges attached to inspect records.
However, an inquirer can make use of other low-cost options, such as the Public Access to Court Electronic Records (PACER) and various third-party websites to remotely review court records.
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.
What Shows Up on Tennessee Judgment Records?
Tennessee judgment records are created when the court issues a decision or order regarding a civil plea or criminal case. Unless the litigants pursue an appeal, issuing this judgment typically signifies the end of most cases. In any way, a judgment becomes binding when the court clerk enters it into the court record. The clerk will also maintain a copy of the judgment for official purposes. This document is open to the public under the Tennessee Public Records Act (TPRA). A typical Tennessee judgment record contains the litigants' names, case summary, the court's decision or order, and the judgment date.
Interested persons may obtain a copy, provided the individual has the necessary details to facilitate a search to retrieve the case file from the court archives. The search for judgment records in Tennessee begins at the clerk's office in the court where the case was adjudicated. The requester must provide the administrative staff with the case number and litigants' names. The requester must also pay court administrative fees, including the cost of making regular or certified copies of the judgment record. Cash, money order, certified check, and credit cards are accepted payment methods.
Are Tennessee Bankruptcy Records Public?
Tennessee bankruptcy records are classified as public information. Accessible records include documents created and maintained by any of the district bankruptcy courts in Tennessee. A debtor who finds it difficult to pay back a loan as promised can file for bankruptcy. The record of the proceedings will, in turn, be kept by the court handling the case. Debtors can file for bankruptcy in any of the three federal bankruptcy courts located in Tennessee's Eastern, Middle, and Western Districts. Chapter 7, Chapter 11, and Chapter 13 are the three primary chapters of bankruptcy legislation that individuals and corporations commonly use.
Tennessee bankruptcy records are available from each judicial district's local recorder's office. Requestors may also get Tennessee liens, judgments, and contracts by searching for them in local courthouses, record repositories, or through specific electronic databases.
How to Find Bankruptcy Records in Tennessee
The Freedom of Information Act (FOIA) classifies bankruptcy records as public information. Thus, interested persons can obtain and inspect bankruptcy records from a court. The requester desiring access to bankruptcy records in Tennessee must first verify the county, name, and court location where the case was decided. The Interested individual can then proceed to obtain Tennessee bankruptcy records from the Court clerk's office by submitting written or oral requests physically or virtually at a cost.
The Bankruptcy Courts in Tennessee also disseminate unsealed bankruptcy records via the Voice Case Information System (VCIS) and Appellate Voice Information System (AVIS) at no cost to the requester. Additionally, one can get Tennessee bankruptcy records through the Public Access to Court Electronic Records (PACER) at a nominal fee.
Can You Look Up Court Cases in Tennessee?
Yes, interested members of the public may lookup court cases in Tennessee. The C-Track case management tool of Public Case History allows interested persons to look up court cases heard by the Tennessee Supreme Court and the Appellate Courts. The name of individuals or organizations who are parties to cases is enough to look up any court case. The Supreme Court also publishes a monthly report of pending cases before it.
Most lower courts in the counties manage online platforms where interested individuals can look up court cases. For instance, Metropolitan Nashville City and Davidson County created an online case management tool called Caselink. Davidson County residents can sign up to have access to court records from the Circuit Court for a monthly subscription fee of $25 only.
Tennessee Court Case Lookup Exemptions
Although court records are deemed public records in Tennessee, the law specifies a few exceptions to court records that can be inspected and obtained by the public, which include:
- Manuscripts prohibited from inspection under the Public Records Act Tennessee Code Annotated section 10-7-504
- Reports sealed by a law court
- Outlines of judicial injunctions and decisions not yet published
- Replicas of actions, pleas, and summaries documented with the clerks of the courts for a judge's personal use
- Handwritten or electronically documented conference reports, memos, and other similar documents assembled by court staff at the instruction of a court or magistrate
How to Find a Court Docket in Tennessee
A Tennessee court docket is a journal containing a detailed case record in the form of short sequential notes that outline the court proceedings associated with the case. Dockets are mainly kept by the court clerk where the case was filed and can be retrieved physically or electronically.
All cases filed with a court are assigned a distinct docket number with which the clerk can distinguish between cases filed in the court. A docket helps track court filings and documents such as pleadings, motions, and briefs related to a case. Generally, it includes a docket number, filing date, brief definition of the case; the investigations carried out in the case, names of all parties involved, and the name and location of the court. Individuals willing to review court dockets can contact the courthouse clerk maintaining the docket with a party name or docket number to search.
Types of Courts in Tennessee
The Tennessee judicial system is made up of four tiers comprising the Supreme Court, Appellate Courts, Trial Courts, and Courts of Limited Jurisdiction.
- The Tennessee Supreme Court is the court with the highest authority in Tennessee. It decides cases such as matters on constitutional law and state taxes appealed from the lower Appellate Courts.
- The Tennessee Court of Appeals hears appeals of civil and non-criminal cases originating from the trial courts, state boards, and commissions.
- Tennessee Criminal Court of Appeals presides over appeals of criminal cases and other post-conviction pleas previously heard by the lower trial courts.
- Tennessee Circuit Courts are courts of general jurisdiction that decide both criminal and civil cases, except in districts that have a distinct Criminal Court.
- Tennessee Chancery Courts resolve equity cases, matters that demand a judgment that will be acceptable by all parties, and some kinds of civil cases. The Chancellor in charge of the chancery court can give verdicts based on what he deems fair to all parties involved and is not necessarily mandated to strictly follow the law.
- Tennessee Criminal Courts are trial courts with jurisdiction over criminal matters and may also hear misdemeanor pleas from lower courts. Only a few districts in the state have Criminal Courts, as the criminal courts were set up in a bid to reduce the heavy caseload of the Circuit Courts.
- Tennessee Probate Courts hear cases involving wills, child custody, inheritances, and conservatorships. Only Shelby and Davidson counties have Probate Courts in Tennessee.
- Tennessee General Sessions Courts have limited jurisdiction. The type of cases they preside on varies from one county to another. They usually handle preliminary hearings for felony and misdemeanor cases where the respondent lacks the right to a grand jury investigation. The General Sessions Court also resolves civil cases concerning a small amount of money.
- Tennessee Juvenile Courts handle lawsuits about minors below the age of 18 who are delinquent, rebellious, dependent, or dejected. Paternity issues, custody, and child support cases are also handled by the juvenile courts.
- Tennessee Municipal Courts, also called City Courts, are limited to deciding cases whose punishments by fines are not more than $50.00 and jail terms not more than 30 days.
- There are also three federal bankruptcy courts in Tennessee with subject-matter jurisdiction to preside over bankruptcy cases. These are the Eastern District of Tennessee Bankruptcy Court, the Middle District of Tennessee Bankruptcy Court, and the Western District of Tennessee Bankruptcy Court.
What are Civil Court and Small Claims in Tennessee?
Small claims are non-criminal disputes involving the recovery of funds or money owed. Tennessee small claims courts are divisions of the General Sessions Court that handle cases involving money disputes up to a certain limit per statute 16-15-501. For Tennessee counties with less than 700,000 population, disputes of $15,000 or less are heard at the General Sessions Court. For counties that have more than 700,000 residents, cases of up to a $25,000 limit are tried at the General Sessions Courts. However, no limit is set for eviction or recovery of personal property disputes. No matter the amount involved, these disputes can be brought before the General Sessions Court.
To file a small claims suit, contact the General Sessions Court where the defendant resides. Small claims cases can also be filed where the property is located or where the dispute emerged. Filing the suit at a court in any other location can lead to the dismissal of the case.
Some of the cases that can be tried as small claims at the General Sessions Court are:
- Bad debt
- Dog bite
- Damaged clothing during cleaning
- Return of security deposit
- Asset Records
- Business Ownership
- Professional Licenses
- Unclaim