State Courts and Their Records

The basic structures of most state court systems are similar; however, the functions of state courts can vary widely. Among states the number of trial courts of limited or special jurisdiction also varies greatly. Most states have only one or two types of trial courts of general jurisdiction.

Each state is divided into judicial circuits or districts, with each circuit or district usually covering one or more counties, depending upon population. In each circuit or district, a general trial court exists. These courts are known by a number of different names (depending on the state).

County courts are also part of each state’s court system. Most county courts are courts of limited jurisdiction. Courts on a county basis not only had judicial functions but had some administrative and legislative ones as well (especially in the eighteenth and nineteenth centuries). Such roles of the courts as licensing midwives and ministers; appointing militia officers; overseeing the building and upkeep of roads, bridges, and ferries; and organizing the collection of taxes resulted in a large number of county citizens being mentioned in county court books—making the county court record books very valuable for identifying ancestors.

Trial courts (and their records) are frequently identified by or with a particular county, regardless of whether the trial court is known as a state circuit court, a county court, a district court, or by some other name. For example, a state circuit court trying a case in Jefferson County might be known as the Circuit Court in and for Jefferson County. So, in a broad sense, many, if not most, printed trial court records are county court records. Consequently, in the genealogical collections of many libraries, researchers will find published state court records classified as county court records.

Many states also authorize courts of general jurisdiction to exercise some appellate jurisdiction over courts of limited jurisdiction. When there is such an appeal to a general court, there normally will be a completely new trial. This process is very different from an appeal to a regular appellate court, such as a state supreme court, where there is no new trial—only a review of the record of the previous trial to determine if any error was made by the trial court.

Many of the published records and indexes of state courts are found in genealogical libraries. Some libraries also have microfilm or microfiche copies of indexes, minutes, dockets, and orders from local courthouses.