Tips for General Court Records

   American court files mirror U.S. history. Buried away in courthouses and archives everywhere are the dreams and frustrations of millions of citizens. The chances are great that your ancestors have left a detailed record of at least some aspects of their lives in court records.

   Most of us don’t think of court records as the rich source of personal history that they are. But America’s English heritage established a tradition of court processes in which the people have a right to participate actively—and we always have. With relative freedom from royal supervision and with court enforcement of religious as well as civil laws, American courts tried many matters that were not subject to court action in other parts of the British empire and that are now considered too minor to warrant criminal action.

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   Even if your ancestor is not mentioned in a probate case, consider all of the other procedures which might have resulted in him or her appearing in court records:

FOR DEFINITIONS OF ALL COURT TERMS SEE THE GENEALOGY ENCYCLOPEDIA
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Alabama -  The office of the probate judge is the county office where the most significant genealogical records are created and maintained in Alabama. A variety of records are housed in this office.

   These records may be labeled wills, estates, inventories, administrations or guardian's bonds, and orphan's court records. Within each category there may or may not be separate volumes labeled "record" or "minutes." The "record" volumes contain relatively full accounts of probate proceedings, while the "minutes" volumes normally contain only brief abstracts of the proceedings. Early adoption records and records for the binding-out of poor orphans are recorded here. Until the 1900s adoption records were not filed separately. Record books and files created especially for adoption proceedings are now closed to the public by law.

Sometimes bastardy cases and naturalization records are here. In all cases these records are merely copies of the original and contain only such data as the clerk thought legally important. More significant than the clerk's ledger, the "loose papers" contain the documents submitted to prove a will, such as the petition to probate, which listed all heirs of the deceased. Generally, these files are not housed in the record room. The researcher should request these files from the probate clerk. The office of the probate judge in Alabama also recorded other documents intermittently in probate, deed, or commissioner's court records. Particularly useful are proofs of freedom filed by free blacks or natives (often with white deponents), indenture papers, contracts for hiring military substitutes during the Civil War, and lists of slaves brought into the state or loaned to the Confederacy.

State Courts - The court of general jurisdiction in Alabama is the circuit court. Circuit courts were established by the 1819 Constitution of Alabama, the state’s first constitution. Generally, circuit courts exercise jurisdiction in major civil and criminal cases. The geographical jurisdiction of a circuit court is a judicial circuit comprising one or more counties.

Courts of limited jurisdiction are district courts, municipal courts, and probate courts. District courts are countywide courts, created in 1975, which generally handle minor civil and criminal cases. Municipal courts have jurisdiction of cases arising under municipal ordinances. Probate courts, which have existed since the early 1800s, have probate jurisdiction, which includes such matters as the probate of wills, administration of estates, adoptions, and guardianships.

Other Early State Courts - Before 1977, Alabama did not have a uniform system of courts, so a number of courts existed at various times in different parts of the state. Among them were chancery courts (abolished in 1915), superior courts, intermediate courts, inferior courts, courts of common pleas, civil courts, criminal courts, law and equity courts, general sessions courts, and law and juvenile courts. Justice of the peace courts, which handled minor civil and criminal cases, existed from 1819 until they were abolished in 1972. In certain cities before 1977, commissioners’ courts and mayors’ courts handled minor civil and criminal cases occurring within a city.

Published Works for State Courts - Some Alabama court records are included in Kathleen Paul Jones and Pauline Jones Gandrud’s Alabama Records (n.p., 1934–69). The series is being reprinted by Southern Historical Press (Easley, S.C., 1981–); around one hundred volumes had been reprinted by 1997.

Alaska - Alaska court records are one of the best sources of genealogical information in the Alaska State Archives. These records relate to ethnic groups, particularly the naturalization records.

From the Alaska purchase in 1867 until 1884, there was no formal government in Alaska. An act of Congress in 1884 provided for a government at Sitka and conferred district status on Alaska. An act of 1912 designated Alaska a U.S. territory. Its capital was established at Juneau.

Prior to 1959 when Alaska became a state, the U.S. District Court of the Territory of Alaska administered its judicial affairs. The U.S. commissioner's courts administered the justices of the peace.

The pre-1959 district courts were district-wide courts and had jurisdiction over civil and criminal affairs. Federal judges were appointed as early as 1884. The whole of Alaska Territory at that time had only one district which was administered by a judge in Sitka until 1903. Prior to 1884 cases were tried in a district court of either California, Oregon, or Washington. The general laws of Oregon were made applicable to the territory and appeals were to be taken to the circuit court in Oregon.

In 1903 three judicial divisions were established with judges in Juneau, Saint Michaels, and Eagle City. A fourth district was created in 1909, and the four seats were placed in Juneau, Nome, Valdez, and Fairbanks. The Valdez district seat was moved to Anchorage in 1948. These districts, for all practical purposes, can be compared to counties in other American states.

• District 1 (Juneau) covers the southeastern Alexander Archipelago including the cities of Juneau, Ketchikan, Sitka, and Wrangell.
• District 2 (Nome) covers the northern portion of Alaska including the cities of Barrow and Nome.
• District 3 (Valdez and later Anchorage) covers the southern portion of Alaska including the Aleutian Islands and the cities of Anchorage and Kodiak.
• District 4 (Fairbanks) covers the central portion of Alaska including Bethel, Fairbanks, and Toksook Bay.

Since statehood, district court records, which are similar to the circuit and district courts of other states, have been limited to minor civil and criminal matters. The post-1959 district court duties include the issuing of marriage licenses, arrest warrants, misdemeanor cases, and acting as the temporary custodian of a deceased person's property.

The Alaska State Archives has the territorial court records in Record Groups 505-509, which include Record Group (RG) 505, District of Alaska (1884-1900); RG 506, First Judicial District (1900-1960); RG 507, Second Judicial District (1900-1960); RG 508, Third Judicial District (1900-1960); and RG 509, Fourth Judicial District (1900-1960). Many of these records are also on file at National Archives/Alaska Region. An inventory of Alaskan Territorial Court Records is available through the State Archives in the booklet entitled Record Group Inventory: District and Territorial Court System (Juneau: Alaska State Archives, Department of Administration, 1987).

Alaskan territorial courts were endowed with authorities commonly assumed by county governments and school districts in other portions of the United States. Thus, Alaskan territorial district court records are a valuable tool in studying Alaskan frontier life.

The post-1959 Alaska state court system was extended to include the supreme court, superior court, and the magistrates court. The supreme court is a statewide appellate court which issues injunctions and other writs. The superior court is also a statewide court with jurisdiction over all civil and criminal matters, including probate and juvenile matters, as well as appeals from the magistrate court. Magistrate courts are district-wide courts with jurisdiction over misdemeanors and violations of municipal ordinances. There is one supreme court in Juneau, four superior courts, four district courts, and sixty-two magistrate courts.

State Courts - The court of general jurisdiction in Alaska is the superior court. Superior courts and magistrate courts have existed in Alaska only since 1959. Superior courts have statewide jurisdiction in all civil and criminal matters. They also have exclusive jurisdiction of probate, guardianship, adoption, juveniles, and titles to real estate.

Courts of limited jurisdiction are district courts and magistrate courts. District court jurisdiction is limited to minor civil and criminal matters, such as issuing marriage licenses and arrest warrants, hearing misdemeanor cases, and acting as the temporary custodian of the property of deceased persons.

Other Early State Courts - Before 1959, when Alaska became a state, the district court of the Territory of Alaska administered its judicial affairs. The U.S. commissioner’s courts administered the justices of the peace. The pre-1959 district courts were districtwide courts that had jurisdiction over civil and criminal affairs. From 1884 to 1903 there was one district court located in Sitka. From 1903 to 1909 there were three district courts (Juneau, St. Michaels, and Eagle City). From 1909 to 1959 there were four district courts (Juneau, Nome, Valdez, and Fairbanks). The court in Valdez moved to Anchorage in 1943.

Published Works for State Courts - An inventory of Alaskan Territorial Court Records is available through the state archive in a booklet titled Record Group Inventory: District and Territorial Court System (Juneau: Alaska State Archives, Department of Administration, 1987).

Arizona - Arizona's judicial system is similar to that of other states in this region. Courts start close to their people and by steps progress to more complicated and further removed cases and jurisdiction. The supreme court functions state-wide and hears extraordinary writs and appeals from the court of appeals, which sits at Phoenix and Tucson, and also hears both writs and appeals from the county superior courts. Each county has a clerk of the superior courts whose function is to maintain the court calendar and records. The superior courts hear both civil and criminal cases of their own, including divorces, as well as appeals from justices of the peace and municipal (or city magistrate or police) courts in their counties. The justice of the peace hears civil and small claims, while municipal courts hear town and city violations.

State Courts - The court of general jurisdiction in Arizona is the superior court. The superior court superseded district and probate courts. There is only one superior court for the entire state; it is divided by county. It has jurisdiction in major criminal and civil cases, including all equity cases, cases at law which involve title to or possession of real property, all other cases at law where the amount in controversy is one thousand dollars or more, probate cases, divorce cases, and juvenile cases.

Courts of limited jurisdiction are justice of the peace courts. Justices of the peace hear minor civil and criminal cases, while municipal courts hear cases arising under town or city ordinances.

Other Early State Courts - From 1852 to 1863, New Mexico county had district courts and probate courts. From 1864 to 1912, district courts had countywide jurisdiction over records of chancery, criminal cases, and divorces. Naturalizations were also handled by these courts until 1906 when the U.S. district court was given exclusive jurisdiction.

Published Works for State Courts - An inventory of some of Arizona’s territorial court records was published in Norman E. Tutorow’s Preliminary Inventory of the Records of the Arizona Territorial Court in the Los Angeles Federal Records Center (Los Angeles: Federal Records Center, 1970).

Arkansas - Courts with countywide jurisdiction are circuit, chancery, county, and justice of peace. Jurisdiction varies from county to county, but generally circuit courts hear criminal, naturalization, and major civil cases. Chancery courts have jurisdiction over equity, divorce, probate, and adoption cases. County courts have jurisdiction over juvenile, tax, and claim cases, as well as county financial matters. Justice of peace courts hear preliminary criminal and minor contract cases. These records are generally available from the time of the county's organization except in those counties where records were destroyed by fire or other causes. Courts of common pleas existed during the territorial period, but no records remain. The county clerk's office maintains records for all courts functioning in the county. Because jurisdiction varies, check each county for its procedures.

The state supreme court has appellate jurisdiction from lower courts, and its records can be valuable for those counties with record losses. This particular group of records was indexed in Joan Thurman Taunton's Abstracts of Arkansas Reports: January 1837 through January 1861 (Hot Springs, Ark.: Arkansas Genealogical Society, 1988). Jack Damon Ruple, Genealogists Guide to Arkansas Courthouse Research (N.p., 1989), is also useful.

State Courts - The courts of general jurisdiction in Arkansas are circuit courts and chancery courts. Circuit courts have jurisdiction over criminal cases and major civil cases. Chancery courts have jurisdiction of all cases in equity, and of divorce, probate, and adoptions.

Courts of limited jurisdiction are courts of common pleas, county courts, municipal courts, and justice of the peace courts. The courts of common pleas are established only in certain counties, and their jurisdiction is limited to minor, non-real estate civil cases. County courts have jurisdiction in matters relating to county taxes, roads and bridges, “paupers,” elections, and claims against the county. Justice of the peace courts have jurisdiction over minor contract and personal property disputes. Municipal courts have jurisdiction over violations of city ordinances and other minor criminal and civil cases.

Other Early State Courts - Probate courts used to be separate from chancery courts. For most purposes, probate courts were consolidated with chancery courts by State Constitutional Amendment 24.

Published Works for State Courts - Information on circuit, county, and chancery court records in Arkansas is included in Jack Damon Ruple’s Genealogist’s Guide to Arkansas Courthouse Research (Arkansas, 1989).

California - The California court system has four levels of jurisdiction: the municipal court, which largely took the place of the earlier justice of the peace court at the local level; the superior court, a county-wide court that handles both civil and criminal cases and cases involving minors; the six district courts of appeal, which review all cases coming from the superior courts except those involving the death penalty; and the state supreme court, which takes extraordinary writs, all appeals in death penalty cases, and may review all other appeals.

Each of these courts has a clerk of the court, and correspondence regarding a case should be directed to the clerk of the particular court having jurisdiction over the litigation. If there is doubt as to the proper court from which to seek information, the State Attorney General's Office, 1515 "K" Street, Sacramento, California 95814, will be able to provide the information.

Some early court records from at least Humboldt, Marin, Mendocino, Nevada, Sonoma, and Sutter counties have been sent to the California State Archives. Besides court minutes and judgements, these records include tax lists, wills, deeds, estate inventories, and marriage bonds.

State Courts - The general court in California is the superior court. Each county has a superior court, which is a countywide court that has jurisdiction in all cases except those given by statute to other trial courts. The jurisdiction of the superior court includes both civil and criminal cases, probate and juvenile matters, and appeals from justice and municipal courts.

Courts of limited jurisdiction are municipal courts and justice courts. Some counties have both municipal and justice courts; others have only one or the other (in addition to the superior court). The jurisdictions of municipal and justice courts are almost the same—both courts handle only minor civil and criminal cases.

Other Early State Courts - Early courts in California that no longer exist include district courts and county courts.

Published Works for State Courts - A helpful publication is Index to Transcripts of Court Cases in State Archives (Sacramento: Attorney General, n.d.).

Colorado - The district court holds original jurisdiction in all equity cases, divorce proceedings, naturalizations granted by the county court, coroner's inquests, civil cases, criminal cases, adoptions, and paternity suits.

State Courts - Courts of general jurisdiction in Colorado are the district courts, the Denver probate court, and the Denver juvenile court. The district court has jurisdiction in civil and criminal matters, including equity cases, divorce proceedings, coroners’ inquests, civil cases, criminal cases, probate matters, adoptions, and paternity suits.

Courts of limited jurisdiction are county courts and municipal courts. County courts have countywide jurisdiction concurrent with district courts over misdemeanors, preliminary hearings, the issuance of some warrants, some bail matters, and minor civil matters. Every city has a municipal court which has jurisdiction of cases arising under ordinances of the city within which it is organized.

Other Early State Courts - The Denver superior court used to have jurisdiction over appeals from the Denver county court and concurrent jurisdiction with district courts over minor civil matters for the city and county of Denver. County courts used to have jurisdiction over probates. Justice of the peace courts existed in Colorado until 1965, when they were abolished. Generally, the jurisdiction of justice courts was transferred to the new county court system in 1965.

Published Works for State Courts - An inventory of Colorado’s territorial court records was published in Inventory of Federal Archives in the States, Series 2, Federal Courts, No. 6, Colorado (Denver: Colorado Historical Records Survey, 1939).

Connecticut - With court records, the researcher finds Connecticut's centralization welcome again, with many held at the Connecticut State Library. Despite this centralization, the array of courts whose records might include such things as debts, apprenticeships, warrants, and misdemeanors, presents a somewhat complicated research challenge.

Justices of the peace, having been appointed by the general assembly, represented the law closest to the people up to the early nineteenth century. What remains of many of these records are at the Connecticut State Library.

Before the creation of counties, the particular court was a court of first instance. "Records of the Particular Court of Connecticut, 1639-1663," Collections of The Connecticut Historical Society, vol. 22 (Hartford, Conn.: the Society, 1928) convey these proceedings before county courts took over. Most of the county court records are in the Connecticut State Library.

The next phase, between 1665-1711, found the addition of the court of assistants as the trial court, the precursor to the superior court that operates to the present. All criminal activities were its purview as well as appeals from lower courts regarding disputes, including divorces. Records of this court up to the twentieth century are generally available at the Connecticut State Library.

Superior court districts are defined by county designation. In the Town Resources, the county is listed, although in trying to determine jurisdiction for earlier records, listings of parent counties will be helpful. Records through the nineteenth century of superior courts operating in each county are generally available at the Conneticut State Library.

Those matters not in the realm of the superior court were heard by the county courts (initially called prerogative or common pleas). The county court, begun in 1666, was abolished in 1955, and its functions were divided between justice courts and superior courts. Most of the county records, to its abolition date, are at the Conneticut State Library.

Courts of common pleas were authorized in the late nineteenth century to assume work that could not be handled by either the justice or superior courts. In 1961 the court system reorganized, abolishing justice courts, creating district courts, and retaining the county superior court and the statewide supreme court

Colonial Courts - The general court (general assembly after 1637) was the highest court in Connecticut throughout the colonial era. It handled many criminal and civil cases. Beginning in 1638, the particular court was the primary court of jurisdiction for all matters of law, including appeals from town courts. The particular court was succeeded by the court of assistants (1665–1711). In 1711, the superior court replaced the court of assistants. Beginning in the 1630s, town and borough courts had jurisdiction over some civil matters in towns. Justice of the peace courts were established in 1686 to handle similar matters in areas without town courts. Beginning in 1666, county courts had jurisdiction over civil disputes and minor criminal cases as well as chancery and divorce matters.

Published Works for Colonial Courts - Many of the general assembly records and records of the particular court/court of assistants were published in The Public Records of The Colony of Connecticut (1636–1775), 15 vols. (Hartford, Conn.: Case, Lockwood & Brainard Co., 1850–90). Published records also include Records of the Particular Court of Connecticut, 1637–1663, Connecticut Historical Society Collections, vol. 22 (Hartford: Connecticut Historical Society and the Society of Colonial Wars in the State of Connecticut, 1928), which contains proceedings of the particular court; and Charles J. Hoadley, ed., Records of the Colony or Jurisdiction of New Haven, from May 1653 to the Union, Together with the New Haven Code of 1656 (Hartford, Conn: Case, Lockwood, 1858).

State Courts - The court of general jurisdiction in Connecticut is the superior court. First established in 1711, the superior court now has trial jurisdiction in all criminal matters and in all civil matters in law and equity, except matters over which probate courts have original jurisdiction.
The court of limited jurisdiction is the probate court. Probate courts have jurisdiction in all matters pertaining to probate of wills, trusts, estates, and adoptions.

Other Early State Courts - From the 1630s to 1961, town and borough courts had jurisdiction over civil matters in towns. Justice of the peace courts (1686 to 1961) handled similar matters in areas without a town court. These courts were succeeded by circuit courts. From 1666 to 1855, the county courts had jurisdiction over civil disputes and minor criminal cases as well as chancery and divorce matters. From 1855 to 1870 this court’s duties were assumed by the town and justice courts and the superior court. From 1869 to 1975, courts of common pleas replaced county courts and were reorganized in 1975 to include the circuit court.

Published Works for State Courts - For more information concerning Connecticut courts, see Dwight Loomis and Joseph Gilbert Calhoun’s Judicial and Civil History of Connecticut (Boston: Boston History Co., 1895). Also see the Guide to Archives in the Connecticut State Library. A guide to the court record holdings of the Connecticut State Library is Records of the Judicial Department (Part A): Court Records in the Connecticut State Library, 1636–1945, rev. ed. (Hartford: Connecticut State Library, 1977).

Delaware - The Delaware State Archives has state and county level court records back to the colonial period covering civil and criminal records, naturalizations, and indentures. Some earlier records are in Maryland, New York, and Pennsylvania. At the county level, the court of common pleas and superior court handle civil and criminal matters, depending on the offense. Cases involving equity and trust estates are heard in the chancery court. The office of the county prothonotary has custody of divorces until 1975, civil and criminal court records, and naturalizations, although the latter are now in the state archives. Land records are with the recorder of deeds, and estate matters are handled by the register of wills and orphans' court. The orphans' court was consolidated in 1975 with the court of chancery to handle estate disputes and other partitions, with records kept by the register in chancery in each county

A Court of Chancery headed by a chancellor was not established in Delaware until 1792. Before that time chancery or equity cases were tried by justices of the law courts. Under the Duke of York, the town or country courts were responsible for equity cases. Some cases tried by common law were appealed and tried again in equity by the same court and justices. Under the Duke of York, the governor of New York also exercised equitable power by overturning excessively harsh law judgements.

The judicial system established by William Penn made every court a court of equity. The Provincial Court took appeals and heard all cases in equity not determined by the county courts. In 1701 it was required in equity cases that “the proceedings shall be by bill and answer, with such other pleadings as are necessary in Chancery Courts, and proper in these parts; with power also to the same justices to force obedience to their decrees in equity by imprisonment or sequestration of lands, as the case may require.”

Although the terms Court of Equity and Court of Chancery were used interchangeably in court documents as early as 1702, it is not until 1752-1753 that the court is referred to as the Court of Chancery in the Delaware Laws.4 By this law (1752-53), landowners could petition the court to appoint three commissioners to examine witnesses who could verify land boundaries. Depositions that resulted from the examination were returned to the court to be recorded. Registers in Chancery are first mentioned in 1770 in “An Act for regulating and establishing fees.”

Under the 1776 constitution, the justices of the Courts of Common Pleas were given the same power of holding “Inferior Courts of Chancery” as they had previously exercised. The president and Privy Council appointed the registers in chancery. The register could not be a justice of the court was given the authority to sign all writs issued by the judges and to take recognizances of bail.

The 1792 constitution introduced major changes in the state’s judicial system. The equity jurisdiction that had previously been exercised by the common pleas judges was “separated from the common law jurisdiction and vested in a Chancellor.” The chancellor held court in each county. In cases in which he was personal involved, the case was tried in the Court of Common Pleas. Appeals from the chancery were made to the High Court of Errors and Appeals; the Courts of Equity that previously had been exercising chancery jurisdiction remained in operation until October 1793.

In addition to equity jurisdiction, the Court of Chancery was given the responsibility for “the case of all idiots and lunatics above the age of twenty-one years.” The court would summon a jury to determine if a person was insane, and the court would then appoint a trustee to take charge of the person and manage his estate. The trustee had to file a recognizance for faithful discharge of his duties and render an account of the profits of the estate and his expenses for his trusteeship at least once every year.

An amendment to the constitution passed in 1802 made the chancellor the only judge for the Orphans’ Court. He was given the authority to “exercise the equity jurisdiction heretofore exercised by the Orphans’ Court, except as to adjusting and settling executors’, administrators’; and guardians’ accounts.” With these accounts he did have appellate jurisdiction over the register of wills’ rulings. The chancellor also could compel a removed executor or administrator to deliver papers and property belonging to the estate.

After 1816 a person holding land as a joint tenant could petition the chancellor to partition the land. If other joint tenants did not object, the chancellor issued commissions to five freeholders to make a fair partition and make a return with a survey included.

The 1831 constitution made few changes in the Court of Chancery but did abolish the Court of Common Pleas, so that cases in which the Chancellor was personally involved were now to be tried by the chief justice of the Superior Court. The chancellor continued to head the Orphans’ Court but was joined by the associate judge residing in the county. Either one or both could hold court.

In 1869 the Court of Chancery and the Orphans’ Court were permitted to invest money under orders of the court and to secure it for the use of the person entitled to it. An addition to the court’s responsibilities for the insance occurred in 1871 when relatives or friends could apply to the chancellor to have a mentally ill person placed in an institution for the insane in Pennsylvania instead of the county almshouse. The chancellor was then required to appoint a trustee to manage the estate and to get an annual report from the asylum.

Also in 1871 the chancellor was required to collect and publish the equity cases brought before the court. To save costs in cases that were appealed, the chancellor was permitted to send original depositions and exhibits to the Court of Errors and Appeals rather than copies.

Whenever a person made voluntary assignment of his estate to another person in trust for his creditors, the assignee had to file an inventory of the estate with the register in chancery. The chancellor then appointed two appraisers who determined the value of the estate, and the assignee gave bond for double the appraised value. The assignee had to render an account of his trusteeship every year.

Under the 1897 constitution, the court continues to have all the jurisdiction and powers vested by the laws of this state in the existing Court of Chancery. The chancellor is appointed by the governor for twelve-year terms. The appointment must be approved by the Senate. The chancellor and the resident associate judge held the Orphans’ Court in each county until the 1951 judicial reorganization. Since 1951 and until the Orphans’ Court was abolished in 1970, the president judge and the associate judges of the Superior Court held the Orphans’ Court.

Before 1939, if the chancellor was disqualified from hearing a case, the chief justice of the Supreme Court had jurisdiction. In 1939 the position of vice-chancellor was created to help relieve the caseload burden and to hold court in the chancellor’s absence. He was appointed by the chancellor and commissioned by the governor, but since 1949 has been appointed by the governor to twelve year terms, with Senate approval. In 1961 one additional, and in 1983 two additional, vice-chancellors were added to the court.

The register in chancery serves as the clerk of the Court of Chancery and as such is responsible for the records of the court. He is also required to report real estate transfers to the county Boards of Assessment. Until 1970 when the Orphans’ Court was abolished, the register was also the clerk of the Orphans’ Court.

In 1903 the chancellor was given the authority to appoint masters to assist the court in specified judicial duties. Since 1974, when the General Assembly created the Office of Public Guardian, the chancellor has been responsible for appointing a public guardian who serves as a guardian for the property and/or person of the aged, mentally infirm, or physically incapacitated.

Under the 1897 constitution, the court’s main responsibility continues to be “to hear and determine all matters and causes in equity.” Cases for which there are common law or statutory remedies can not be tried in chancery. In cases where issues of fact arise that are triable by jury, the issues of fact are referred to the Superior Court for trial.

Because of the equitable nature of many estate cases, the Court of Chancery was permitted to exercise jurisdiction in cases for which other courts had not been given specific power, “or for which methods of relief available before such courts are imperfect or inadequate.” The court has the authority to enter decrees of distribution in the administration of estates and can distribute assets of a decedent’s estate. Under certain circumstances chancery could exercise jurisdiction on exceptions to accounts passed before the register of wills and compel executors and administrators to account.28 Appeals from the Register’s Court are made to Chancery.

After the Orphans’ Court was abolished in 1970, the Court of Chancery took over all Orphans’ Court functions except for adoptions and terminations of parental rights. These responsibilities were given to the Superior Court.

A major function of the Chancery Court is to oversee trusts. Whenever a will that contains a trust is probated before the register of wills the Register of Chancery must be informed. The register in chancery then records the pertinent information. All trustees named in wills or appointed by the court have to file accounts with the register. Persons renouncing their trusteeship must file a written renunciation which the register records in the chancery docket. Trustees who are not properly administering their trust can be removed by the court.

Another responsibility of the Court involves corporations. In cases of bankruptcy or the dissolution of a partnership, the court appoints receivers. The court has the authority to prevent delinquent corporations from doing business. When a corporation is delinquent in tax payments, the attorney general requests that the court appoint a receiver to manage the corporation’s affairs. The chancellor also has the power to prevent the fraudulent sale or exchange of stocks, bonds, notes, and securities.

Beginning in 1931, the insurance commissioner was permitted to have the court enforce orders issued by him. Appeals to his decisions were to be made to Chancery Court. Appeals of State Housing Board decisions were also made to the Court of Chancery.

Other duties of the chancellor include appointing arbitrators in labor disputes, and enforcing union contracts by issuing restraining orders or injunctions and regulating picketing.

The court issues subpoenas, summonses, and other processes to force defendants to answer actions in court. It can force obedience to its judgments by imprisonment or sequestration of lands, and the court is permitted to sell real estate to execute a judgment. Appeals from chancery are made to the Supreme Court.

Colonial Courts - Early courts in Delaware included the court of general quarter sessions, the oyer and terminer, and the justice of the peace. The office of clerk of the peace, or prothonotary, dates from 1642. Chancery courts were established in 1684. Beginning in 1701, courts of common pleas were established in each county.

Published Works for Colonial Courts - Many of the early colonial court records of Delaware have been published, such as Records of the Court of New Castle on Delaware 1676–1681, with a second volume for the years 1681 to 1699 (Lancaster: Colonial Society of Pennsylvania, 1904, 1934). Another example is Court Records of Kent County, Delaware 1680–1705, edited by Leon de Valinger, Jr. (Washington, D.C.: American Historical Association, 1959).

State Courts - Courts of general jurisdiction in Delaware are superior courts and courts of chancery. Superior courts, first established in 1831, are county courts with jurisdiction over major criminal and civil cases. Chancery courts, which were established in 1684, are countywide courts with jurisdiction over all cases in equity.

Courts of limited jurisdiction are courts of common pleas, family courts, justice of the peace courts, and the municipal court of Wilmington. Beginning in 1701, courts of common pleas were established in each county; today they hear minor civil suits, minor criminal cases, adoptions, and terminations of parental rights. Family courts have jurisdiction in civil and criminal cases involving children. Justices of the peace have jurisdiction over minor civil and criminal cases. The municipal court of Wilmington has jurisdiction over most misdemeanors committed in the city of Wilmington and violations of city ordinances.

Other Early State Courts - Orphans’ courts were countywide courts in 1792; they continued to exist until recently. They had jurisdiction over property rights, estates of minors, guardianships, and adoptions. Early courts also included the court of general quarter sessions, the oyer and terminer, and the justice of the peace. The office of clerk of the peace, or prothonotary, dates from 1642. The clerk of the peace was clerk of the court of general quarter session, court of oyer and terminer, and court of common pleas.

Published Works for State Courts - The Delaware Historical Records Survey prepared an Inventory of the County Archives of Delaware; No. 1, New Castle County (Dover, Del.: Public Archives Commission, 1941). Although published for only one county, this volume explains the various courts of Delaware from the time of its settlement and describes the types of court records found in Delaware counties. Some court records are included in Charles H.B. Turner’s Some Records of Sussex County, Delaware (Philadelphia: Allen, Lane & Scott, 1909).

District of Columbia - Prior to 1801, land ceded by Maryland, which later became the district's Washington County, was under Prince George's and Montgomery county jurisdiction. The land originally belonging to Virginia consisted of Fairfax County and later Alexandria County. People living in those areas came under those counties' jurisdiction until the district was created.

The District of Columbia's court system began in 1801 with the creation of the U.S. Circuit Court and the U.S. District Court of Potomac and the District of Columbia. A criminal court was added in 1838.

The U.S. Circuit Court had jurisdiction in civil and criminal matters, took over the functions previously performed by the Virginia and Maryland county courts, and had appellate jurisdiction over the orphans' courts in the District counties of Washington and Alexandria. This court's records, dating 1801 to 1863, pertaining to law, appellate, and criminal cases (to 1838) include docket books, case papers, bonds to secure release of debtors, and grand jury lists. Chancery or equity functions of this court include divorce and other dockets, case files, and divorce records. Other records dealing with bankruptcy, manumissions and emancipations, fugitive slave case records, habeas corpus papers, and marriage licenses for 1837 to 1862 were also created here.

The U.S. District Court of the District of Potomac and the District of Columbia's records for the pre-1863 period consist of minutes, the docket of admiralty cases, admiralty case files, and title pages of copyright works. This court's records are housed in Record Group 21 at the Washington National Records Center, Suitland, Maryland. Circuit court minutes for 1801–63 are also on microfilm (NARA M1021).

The U.S. Criminal Court for the District of Columbia was established in 1838, and it replaced the circuit and district courts' jurisdiction over criminal cases. Records produced by this court between 1838 and 1963 include dockets, minutes, proceedings, and case papers.

The U.S. Supreme Court of the District of Columbia was established in 1863 to replace all the circuit, district, and criminal courts of the District of Columbia. In 1936 its name was changed to the District Court of the United States for the District of Columbia. Records created by this court include minutes, dockets, and case papers in equity cases including adoptions, criminal, and bankruptcy, to name a few.

Records of naturalizations in the courts of the District of Columbia include indexes, naturalization records, copies of declarations of intention, and military naturalization records.

District of Columbia Courts. The court of general jurisdiction in the District of Columbia is the superior court. The superior court was established in 1928 and has jurisdiction of all civil cases not within the exclusive jurisdiction of the Federal courts. It also has criminal jurisdiction over cases involving violations of laws applicable exclusively to the District of Columbia.
Other Early District of Columbia Courts. In 1801, the first court system was established in the District of Columbia with the creation of the circuit court, which heard both civil and criminal cases. In 1863, the circuit court was replaced by a newly created District of Columbia Supreme Court, which in turn relinquished jurisdiction to the newly created superior court in 1928. From 1801 to 1871, the levy court governed Washington County outside the city of Washington and assessed taxes.

Published Works for State Courts - A helpful book is Homer A. Walker’s Historical Court Records of Washington, D.C. (Washington, D.C., n.d.).

Florida - Article five of the Constitution of Florida has simplified locating and using the recorded instruments of the state: all judicial power is now vested in a supreme court, district courts of appeal, circuit courts, and county courts. No other courts may be established by the state, any political subdivision, or any municipality. Under a 1973 reorganization of the judicial system, the clerk of courts in each county was made, and remains, custodian of all records of all predecessor courts, whether justice of the peace, city, county, probate, civil, or criminal.

Election Records - The Florida state archives has 2,000 folders of important early election records. Voter rolls have an advantage over deeds; if an individual voted in a jurisdiction, he lived there. Land records can be misleading on absentee owners, but election records were sworn documents requiring proof of residence, usually six months in the county, two years in the state. The files are arranged by year, and thereunder by county, but they must be used in person; there is no index in existence or planned. These voter rolls and returns list the names of candidates, clerks, and inspectors in local, state, congressional, referendum, and militia elections from 1824. Until 1865 each voter's name and precinct of residence is listed. Not all such records have reached the archives, however, and many courthouse clerks are unaware that some remain in their custody and may have to be cajoled into locating and producing them or allowing the researcher to do so.
Among the most useful records for those tracing ancestors at the time of statehood are the returns of the first statewide election, held on 26 May 1845.

Another voter record of genealogical significance is the 1868 Florida Voter Registration, which required an oath of allegiance to the U.S. government. It was also the first voter enrollment open to blacks. While it is not indexed nor complete for all counties, this important re-registration for the post-war constitutional convention election includes name, qualifying date, race, length of residence, nativity by state, and naturalization. The rolls are arranged by county and thereunder by the date of individual registration. These records compiled in the turbulent times of Reconstruction help to determine in many cases that an individual survived the Civil War (though absence of a particular man is not proof of the contrary). They can also aid in backtracking immigrants from other states.

Territorial Records - Volumes 22-26 of The Territorial Papers of the United States (Washington, D.C.: Government Printing Office, 1956-65) list the names of thousands of Florida residents between 1821 and 1845 in hundreds of letters, reports, and petitions ("memorials") of the territorial period. Information varies, but the wide coverage and excellent index make the volumes essential to a full understanding of the people and their era. Most large libraries in the United States have these, as do college and university collections.
Not all territorial papers are included in the above volumes, however. The Territorial Papers of the United States Senate, 1789-1873: Florida 1806-1845 (National Archives and Records Administration M200, rolls 9-11); State Department Territorial Papers, Florida, 1777-1824 (M116, 11 rolls); and Territorial Papers of the United States: The Territory of Florida, 1821-1845 (M721, rolls 14-16) are also potential sources, but many of the territorial papers generated have never been filmed.

State Courts - The court of general jurisdiction in Florida is the circuit court. First established in 1821, circuit courts have jurisdiction over major civil and criminal cases, including all probate matters and all cases in equity.
The court of limited jurisdiction is the county court. County courts have jurisdiction over minor civil and criminal cases.

Other Early State Courts - The judicial system of Florida was reorganized in 1973. Before that reorganization, courts included justices of the peace, city courts, probate courts, and civil and criminal courts. Municipal courts were abolished in 1977. From 1822 to 1974, county judges kept probate, marriage, administration, and guardianship records. From 1887 to 1974, criminal courts kept records of criminal cases not punishable by capital punishment. Also, from 1915 to 1974, civil courts existed in counties with populations of more than 100,000. In these counties, the civil court took the place of the county court.

Published Works for State Courts - Some early legal records were published in William A. and Janet B. Wolfe’s Names and Abstracts From the Acts of the Legislative Council of the Territory of Florida, 1822–1845, rev. ed. (Tallahassee: Florida State Genealogical Society, 1991). Also, an inventory of Florida’s territorial court records was published in Inventory of Federal Archives in the States, Series2, Federal Courts, No. 9, Florida (Jacksonville, Fla.: Historical Records Survey, 1940).

Georgia - There is no effective substitute for an on-site search of county courthouse records. County level records have not yet been centralized. No single county's records have been significantly abstracted or transcribed, making a courthouse visit essential. County records vary widely from county to county in both quality and quantity.

   Unfortunately, no colonial Georgia court records survive. Georgia's state constitution provided for two county level courts to be created in 1777. Superior courts were established at the county level to hear cases dealing with divorce, civil and criminal charges, naturalization, military discharges, homesteads, prisons, and slaves. Simultaneously, courts of ordinary were created to hear and record cases involving probate matters. It also dealt with indentures, paupers, licenses, voting, and marriage. Each court kept minutes, which are useful in genealogical research.

   Inferior courts were created in 1798 and were responsible for probate matters (until 1852), civil matters, and misdemeanor type civil and criminal cases. Georgia's state supreme court began in 1846, and the case files and records of this court are in the Georgia Department of Archives and History . The decisions of that court are published annually in the Georgia Reports. With the exception of only the most recent records, the federal district and circuit court records for Georgia are at the National Archives-Southeast Region in East Point, Georgia.

   Georgia's state prison and asylum records are housed at the Georgia Department of Archives and History . These records are open to researchers when over seventy-five years have passed from the date of their creation. 

   The FHL has a broad collection of court records from each of Georgia's courts at the county level, as well as the U.S. Circuit Court, District of Georgia.

Colonial Courts - The earliest colonial court in Georgia was the governor and council. Later Georgia colonial courts were the general court of pleas and the court of quarter sessions.

Published Works for Colonial Courts - Some colonial court records were published in William H. Dumont’s Colonial Georgia Genealogical Data 1748–1783 (Arlington, Va.: National Genealogical Society, n.d.).

State Courts. The court of general jurisdiction in Georgia is the superior court. Other courts are state courts, juvenile courts, probate courts, magistrate courts, civil courts, county recorders’ courts, and municipal courts. Superior courts have jurisdiction in most civil and criminal cases, except for certain probate proceedings that are heard by probate courts. In every county there are juvenile courts with jurisdiction over juvenile matters. Georgia does not have a uniform system of courts of limited jurisdiction; each county has its own system of inferior courts. These inferior courts include state courts created by the state general assembly for certain counties, which usually have jurisdiction in most civil and non-felony criminal cases concurrent with that of superior courts. Other inferior courts found in many counties are city, municipal, and county courts and magistrates’ courts.

Other Early State Courts - In 1777, superior courts were established at the county level to hear civil and criminal cases, including cases dealing with divorce, naturalization, military discharges, homesteads, prisons, and slaves. Simultaneously, courts of ordinary were created to hear and record cases involving probate matters. These courts also dealt with indentures, paupers, licenses, voting, and marriage. From 1777 to the modern era, courts of ordinary were countywide courts with jurisdiction over probates (1777 to 1798 and after 1852), homesteads, land warrants, licenses, indentures, paupers’ registers, voting registers, and marriage records. Also, from 1798 to the modern era, inferior courts were countywide courts with jurisdiction over probates (1798 to 1852), civil matters (except for divorce and equity cases), and minor criminal offenses.

Published Works for State Courts - See Robert S. Davis, Jr., Research in Georgia: With Special Emphasis on the Georgia Department of Archives and History (Easley, S.C.: Southern Historical Press, 1981) for a breakdown of court records by county. Some early court records have been published, such as those found in Margaret Elliott Higgins, ed., Georgia Genealogical Gems (Arlington, Va.: National Genealogical Society, n.d.) and in Grace Gilliam Davidson’s Early Records of Georgia, Volumes 1 and 2 (1933; reprint; Easley, S.C.: Southern Historical Press, 1967).

Hawaii - The “Act to Organize the Judiciary” of 1847 set up four levels of courts in Hawaii; the supreme court, the superior courts; circuit courts, and district courts. Each of these courts have records of genealogical value. Many of these court records are on file at the Hawaii State Archives and on microfilm at the FHL in Salt Lake City, Utah.

The supreme court in Hawaii has final appellate jurisdiction in all cases from inferior courts and original jurisdiction to issue all writs over its appellate jurisdiction. Supreme court cases prior to October 1904 are filed with the First Circuit Court records. If it was an appeal from the First Circuit, the records were filed with the original case; if the appeal was from another circuit, the case was given a First Circuit number according to the type of case. For example, if a probate was appealed from the Second, Third, Fourth, or Fifth circuit, the appeal record will be filed and indexed as though it were a First Circuit case. Supreme court cases after October 1904 are filed with the supreme court clerk's office.

The superior court of law and equity is an appellate court for most cases and a court of origin primarily for cases involving the government, admiralty affairs, bankruptcy, and foreign officials. In 1852 the original supreme court was abolished and the superior court became the supreme court.

On 1 January 1893 the circuit court was organized into four districts as follows: First Circuit (Oahu); Second Circuit (Maui, Molokai, and Lanai); Third Circuit (Kau, Kohala, and Kona on Hawaii); Fourth Circuit (Hamakua, Hilo, and Puna on Hawaii); Fifth Circuit (Kauai and Niihau). This division continued until 1943 when the Third and Fourth circuits were combined, the Fourth Circuit was abolished and the Island of Hawaii once again became the Third Circuit Court. These courts are over criminal cases, probate cases, and divorce cases. Juvenile cases are under the circuit courts in a family court division.

Family court cases usually involve paternity, guardianship, adoption, FC (misdemeanors and felonies), UCCJ (Uniform Child Custody Jurisdiction), miscellaneous, and domestic abuse. The only type of family court records that are restricted and not open to the public are cases involving adoption and paternity and guardianship. Others can be viewed at the courthouses as long as they are not marked confidential.

There are four district courts (or justice courts) in Hawaii with divisions the same as the circuit courts. There are smaller districts on each island. Their jurisdiction involves minor criminal and civil cases.

State Courts - The general court in Hawaii is the circuit court. The land court and the tax appeal court are divisions of the circuit court. Circuit courts have jurisdiction of all criminal cases under state law and all civil cases, probate, and divorce cases.

Courts of limited jurisdiction are district courts and family courts. The jurisdiction of the district court is limited to minor criminal and civil cases. Juvenile cases are under the jurisdiction of the family court. Family court cases usually involve paternity, guardianship, adoption, misdemeanors, and felonies.

Other Early State Courts - Both the circuit court and the district court have existed since 1848.

Published Works for State Courts - One helpful book is Hawaii Circuit Court, Divorce Records, 1849–1915 (Salt Lake City: Genealogical Society of Utah, 1977).

Idaho - The various Idaho courts that kept records of genealogical value were the district courts, probate courts, justice of the peace courts, and the magistrate divisions of district courts.

District courts have county-wide civil and criminal jurisdiction, including naturalization, with some appellate jurisdiction.

Probate courts had jurisdiction over probates, adoptions, and minor civil matters until they were abolished in 1971, and their records and functions were assigned to the district courts of magistrates division of district courts.

Justice of the peace courts had jurisdiction over minor petty cases until 1971, when they were abolished, and their jurisdiction was assigned to the district courts.

Magistrate divisions of district courts are citywide courts assigned court cases by the various district courts. These cases generally include minor civil and criminal cases, probates, and juvenile matters.

Idaho court records are at the local county courthouses although many are microfilmed and available through the FHL.

The Idaho State Historical Society has 1,200 boxes of Idaho Supreme Court case files from the territorial and state court covering 1863 to 1970.

State Courts - The court of general jurisdiction in Idaho is the district court. A division of the district court which has lesser jurisdiction is the magistrate division of district court. District courts have jurisdiction in all cases, both at law and in equity. Magistrate divisions of district courts are assigned court cases by the various district courts; these cases generally include minor civil and criminal cases, including probate and juvenile matters. Thus, there are no courts that can be specifically noted as having limited jurisdiction.

Other Early State Courts - Probate courts (abolished in 1971) had jurisdiction over proceedings for the probate of wills, administration of estates, and adoptions. All former duties of probate courts were assumed by the magistrate divisions of the district courts in 1971. Justice of the peace courts (abolished in 1971) had jurisdiction over minor cases; their jurisdiction was assigned to the magistrate divisions of the district courts in 1971.

Illinois - Illinois circuit courts were established by the Constitution of 1818. The judges, who were also the justices of the Illinois Supreme Court, were appointed by the Illinois General Assembly and served during good behavior. The period from 1818 to 1848 saw Supreme Court justices serving as circuit court judges from 1818 to 1824, 1827 to 1835, and 1841 to 1848. Independent circuit court judges were appointed by the legislature from 1824 to 1827 and from 1835 to 1841. The Constitution of 1848 provided for the election of circuit judges to six-year terms. In 1934, two additional judges were elected for each circuit. The Judicial Amendment of 1962 created two classes of judge: circuit judges and associate judges. Both were elected to six-year terms. The terms of associate judges were shortened to four years by the Constitution of 1970, and it required that they be appointed by the circuit judges.

Circuit court jurisdiction covered all criminal cases and all civil suits for more than $20. Circuit courts were empowered to hear appeals from justices of the peace as well as to naturalize citizens. In 1827, the courts gained the responsibility of seeing that prisoners in county jails were treated humanely. Since 1848, circuit courts have enjoyed almost an unlimited legal jurisdiction. In 1872, the courts gained jurisdiction over election contests in counties. This was extended in 1895 to cover contests for mayors and village presidents, in 1899 to cover contests for election to the state judiciary, and in 1965 to cover township officers. In 1921, circuit courts gained appellate jurisdiction over the decisions of the Illinois Commerce Commission. The Constitution of 1970 gave the courts unlimited rights to review the decisions of state administrative bodies.

The office of clerk of the circuit court was created by the Constitution of 1818. Statutory duties were originally limited to selecting juries, but in 1827 these were expanded to include issuing process, entering all judgments into the court record, and keeping docket and fee books. In 1829, clerks began to keep a complete court record, and they were allowed to appoint deputies in 1831. From 1818 to 1848, clerks were appointed by the circuit judges, but the Constitution of 1848 made the office elective, with a four-year term. In 1849, circuit clerks assumed the duties of ex officio county recorders. In 1865, clerks were required to keep index books to cases; in 1874, they were required to keep record books of the names of all parties to legal actions in the courts; and in 1933, they were required to file the monthly reports of the county defenders. In 1963, the duties of ex officio county recorder were transferred to the county clerk, and in 1970 the office of circuit clerk was deconstitutionalized.

State Courts - The court of general jurisdiction in Illinois is the circuit court. The state constitution of 1818 established Illinois circuit courts. Since 1970, circuit courts have had jurisdiction of virtually all cases, including civil and criminal cases, probate and estate matters, guardianships, and divorces.
In 1970, various courts of limited jurisdiction, such as the superior court of Cook County, probate courts, county courts, city courts, municipal courts, justices of the peace, and police magistrates, were abolished and their functions were consolidated in circuit courts.

Other Early State Courts - From 1779 until the beginning of the territorial period, the County Court for the County of Illinois of the State of Virginia functioned as a trial court in what would later become the state of Illinois. From 1788 to 1805 and from 1809 to 1811, courts of quarter sessions existed. From 1788 to 1809 and from 1811 to 1818 there were courts of common pleas. Orphans’ courts existed from 1795 to 1805. Circuit courts existed from 1795 to 1812 and from 1814 to 1818. When Illinois became a state in 1818, circuit courts were accorded constitutional status in the first state constitution. Jurisdiction for circuit courts included criminal cases, civil suits for more than twenty dollars, appeals from the justices of the peace, and naturalization. Additional responsibilities were added through the years, including local, county, and state judicial elections.
In the 1840s, a county court system was created statewide. These county courts handled probate cases and misdemeanors. Some county courts handled small civil suits for ten years (beginning in 1853). Over the years, the jurisdiction of county courts increased frequently until all county court functions were assumed by the circuit court in 1970. Before their abolition, county courts generally had jurisdiction over minor civil and criminal cases and, in some counties, probate matters. Other early courts included municipal courts, which had jurisdiction with circuit courts over certain civil and criminal actions; justices of the peace, which had jurisdiction over misdemeanors and minor civil cases; and the Chicago court system, which included mayor, superior, criminal, and family courts.

Published Works for State Courts - For information about state courts and their records, see John Clayton’s The Illinois Fact Book and Historical Almanac (Carbondale: Southern Illinois University Press, 1970).

Indiana - Indiana settlers wanted a government that was simple, democratic, and located close to the people. The county courthouse became the axis of politics and government that included a sheriff, coroner, circuit court clerk, recorder, and three county commissioners. The legal system was made up of a state supreme court, numerous circuit courts, and township justices of the peace`` who had jurisdiction for petty crimes and civil cases involving less than $50

State Courts - Courts of general jurisdiction in Indiana are superior courts and circuit courts. Circuit courts have jurisdiction over civil and criminal cases, except where exclusive jurisdiction is conferred upon some other court. Superior courts, which exist in most (but not all) counties, generally (with some exceptions) exercise concurrent jurisdiction with circuit courts.

Courts of limited jurisdiction are county courts, probate courts, city and town courts, and the small claims court of Marion County. County courts have jurisdiction over minor civil and criminal cases, as do city and town courts.

Other Early State Courts - From 1796 to 1813, the court of quarter sessions was a court with jurisdiction over both civil and criminal matters, including some probates. From 1790 to 1817 and again from 1853 to 1873, there was a court of common pleas which heard cases dealing with insanity, guardianship, probates, naturalizations, equity, criminal cases, and many civil actions. Justices of the peace, which were abolished in 1976 and replaced by county courts, used to have jurisdiction for petty crimes and minor civil cases. Circuit courts have existed since 1813, and superior courts have existed since 1909.

Published Works for State Courts - A work with information about Indiana’s early courts is Oliver Hampton Smith’s Early Indiana Trials and Sketches (Cincinnati: Moore, Wilstock, Keys & Co., 1858).

Iowa - The first instrument of government formulated in Iowa country is said to be the Miners' Compact, drawn up by the lead miners in 1830. When the Iowa Territory was established in 1838, three district courts were created which continued until statehood in 1846 when the three districts became one. In 1849 this district was divided into northern, middle, and southern divisions.

There was considerable redivision and reorganization through 1907. Holdings at the National Archives/Central Plains Region include files from the District of Iowa, 1845–82; Northern District, 1850–1959; and Southern District, 1842–1959.

At the county level, criminal and civil court records are filed with the county clerks. A few Iowa court records have been, and are being, transferred to the State Archives in Des Moines. A recent acquisition of interest to genealogists is the Supreme Court of Iowa Order Books, beginning with the formation of the Iowa Territory in 1838, in four volumes through 1858. Order Book A contains twenty-one naturalizations between 1840 and 1851.

Naturalizations which are part of the District Court Records at the county level are being microfilmed. Naturalizations for most counties have been filmed, and they are available at both State Historical Society of Iowa research libraries

State Courts - The court of general jurisdiction in Iowa is the district court. The state is divided into judicial districts, which are composed of several counties. District courts have original jurisdiction in all cases, including civil, criminal, and probate matters.
The district court has certain divisions with limited jurisdiction. Thus, there are no specific courts under other titles to be considered for limited jurisdiction.

Other Early State Courts - District courts have existed since 1838, when the Iowa Territory was established. From the time of statehood in 1846 until 1907, there was considerable change in the structure and the divisions of the district court. Today the district court continues as the court of general jurisdiction in Iowa. Superior courts were early courts which had jurisdiction over minor civil and criminal cases. They were replaced in some areas by municipal courts, which, in turn, were replaced by district courts. Early courts also included circuit courts, which had jurisdiction over juvenile, criminal, and civil cases. At one time circuit courts also handled some probate cases. Justice of the peace courts were early courts that had jurisdiction over minor misdemeanors, search warrants, and town or city ordinance violations.

Published Works for State Courts - John P. Dolan, Jr., and Lisa Lacher’s Guide to Public Records of Iowa Counties (Des Moines, Iowa: Connie Wimer, 1986) includes information on court records.

Kansas - The district court has general jurisdiction in all matters, both civil and criminal. Naturalization records may be filed here as well as other courts of record. This court also holds jury lists, witness claims, alimony records, patent rights, judgments, and attorneys of records.

State Courts - The court of general jurisdiction in Kansas is the district court. There is a state district court in each county. The district court has jurisdiction in all matters civil, criminal, juvenile, and probate.
There are no courts to be specified with limited jurisdiction.

Other Early State Courts - Most early courts in Kansas were abolished in 1977. These included county courts, which had countywide jurisdiction over some criminal cases and minor civil cases, probate courts, and magistrate and city courts, which had citywide jurisdiction over minor criminal matters and traffic matters in some cities. Justices of the peace were also abolished in Kansas.

Published Works for State Courts - Denis Berckefeldt’s Kansas County Records (A Pathfinders Publication, n.d.) includes a list of court records by county.

Kentucky - The first constitution gave judicial powers to the Kentucky Court of Appeals. Other courts of record in Kentucky included superior, county, chancery, quarterly, circuit, justice of peace, police, district, quarter sessions, oyer and terminer, and general. Court records include dockets, minutes, case files and orders. Land, tax, and probate matters may be included in Kentucky court records. Most court records are maintained at the respective county courthouse. Some original records are maintained in books, while other court-related documents are filed in folders in boxes or cabinets. Many of the books containing court records have been microfilmed, some have been abstracted and published, but the great majority of data filed in boxes, cabinets, and folders has not been copied in any form.

  Courts and their jurisdiction have altered over time in Kentucky. Some early courts are no longer extant. Some have undergone name or jurisdictional changes. Early records may be filed in volumes or containers that may be mistitled, making it necessary to examine all court records for a county. County courts maintained jurisdiction over most matters, both civil and criminal, until 1852 when quarterly or circuit courts began handling criminal cases. Some circuit courts handled major civil and criminal matters as well as divorces. The circuit courts also served as appellate courts. Matters involving large sums of money were usually heard by the courts of quarter sessions from before statehood through the state's first ten years.
  Microfilmed copies of county court records are at the Kentucky Department for Libraries and Archives. Many transcribed records are available at the University of Kentucky Library, the Kentucky Historical Society, Filson Club Library, and the FHL. Some published or transcribed records are at local and regional libraries.

State Courts - The court of general jurisdiction in Kentucky is the circuit court. The circuit court has jurisdiction of all criminal and civil cases, both in law and equity, except cases exclusively delegated to the district court.
The court of limited jurisdiction is the district court, which has a small claims division. The district court handles minor criminal and civil cases.

Other Early State Courts - Early courts and their jurisdictions were changed from time to time in Kentucky. From 1787 to 1802 courts of quarter sessions heard suits involving large amounts of money. Established in 1780, county courts initially had jurisdiction over civil and criminal cases. Later, these courts recorded deeds and bonds and handled probate and juvenile matters. Circuit courts were established in 1802 and quarterly courts in 1852. Beginning in 1852, quarterly courts and circuit courts began handling most criminal cases, with quarterly courts having jurisdiction over minor criminal cases. Circuit courts, which still exist today, handled major criminal and civil cases, including divorces. Other early courts included the justice’s court, court of oyer and terminer, examining court, and general court.

Published Works for State Courts - Some Kentucky trial court records have been transcribed and published. A helpful and well-organized guide to Kentucky courts as genealogical sources can be found in Roseann Reinemuth Hogan’s Kentucky Ancestry: A Guide to Genealogical and Historical Research (Salt Lake City: Ancestry, 1992). For more information about Kentucky’s early courts, including their jurisdiction, organization, and history, see Robert M. Ireland’s The County Courts in Antebellum Kentucky (Lexington: University Press of Kentucky, 1972) and William C. Richardson’s An Administrative History of Kentucky Courts to 1850 (Frankfort: Kentucky Department for Libraries and Archives, 1983). Also see Michael L. Cook’s Virginia Supreme Court District of Kentucky: Order Books, 1783–1792 (Evansville, Ind.: Cook Publications, 1988) and Michael L. Cook and Bettie A. Cook’s Kentucky Court of Appeals Deed Books H–N, vol. 2 (Evansville, Ind.: Cook Publications, 1985).

Louisiana - Under the French regime provincial power was held by the governor and the superior council, while the cabildo served the Spanish. A group of men was appointed to serve on the council/cabildo. They acted similar to a court of law but did not have the power of legislature. Most of the records created by, or sent to, the council/cabildo are still in New Orleans and are a part of four collections:

• Superior Council Records. Housed at the Mint Building in New Orleans, this collection, from the French period, is an  important resource for families in all corners of the colony. The files contain not only the judicial records of the city of New Orleans, but also those of all the outposts whose cases were appealed to New Orleans. Translated and very brief abstracts of  these records were serialized in volumes 1-23 of the Louisiana Histoical Quarterly.
• Spanish Judicial Archives. This is a group of legal suits prosecuted at the various settlements and sent to New Orleans for final disposition in the Spanish era. These records are located in the Louisiana State Museum in the Old U.S. Mint Building at New Orleans. Between 1923 and 1949 translated abstracts of these records were published in the Louisiana Historical Quarterly.
• Black Boxes. This is another Spanish collection housed at the Louisiana State Museum. Americans acquired these documents in 1803 and packed them away in black wooden boxes, hence the name. The museum has translated abstracts to these records, and a guide to this collection was printed over several years in the quarterly New Orleans Genesis.
• Minutes of the Cabildo. These are the records created by the Spanish governing body. Translations of these documents are available at most major libraries (public and university) in Louisiana.

The Clerk of Court for each parish in Louisiana performs the functions of more than one office. He is the Clerk of Court, Recorder of Deeds and Mortgages, Jury Commissioner, and Election Official and Custodian of the Voting Machines.

As the Recorder, the office of the Clerk of Court receives, files, records and indexes all mortgages, conveyances and all other instruments recorded in the Public Records for the Parish.

The Clerk’s Office receives and files all pleadings, such as petitions, answers, motions and other filings in Civil and Probate matters, as well as indictments, bills of information and other filings in Criminal matters. The Clerk’s Office also handles special Juvenile matters and Criminal Neglect cases.

Another function of the Clerk’s Office is the issuance of Marriage Licenses and recording their returns after the marriages are performed.

The Clerk of Court also acts as Election Official and Custodian of Voting Machines. He is to deliver the voting machines to their precincts and notify all Commissioners and Deputy Parish Custodians of their duties and responsibilities on election day. He is required by law to open each voting machine used in an election, record the number of votes and report the totals to the Board of Election Supervisors.

The Clerk of Court also serves as member of the Jury Commission of his parish. The duty of this commission is to draw Petit Juries and Grand Juries as required by the Court.

All expenses of the Clerk’s Office are paid out of the fees, as fixed by statute, for recording, copies and services rendered in connection with Civil, Probate and Criminal proceedings. Taxpayers’ dollars are not used for the operation of the office.

State Courts - The court of general jurisdiction in Louisiana is the district court. District courts have jurisdiction in all civil and criminal matters (except for matters specifically assigned to other courts). In New Orleans there is a civil district court, which handles civil cases, and a criminal district court, which has jurisdiction of crimes, misdemeanors, and offenses committed within the parish of Orleans.

Courts of limited jurisdiction are parish courts, justice of the peace courts, city courts, mayor’s courts, the East Baton Rouge family court, juvenile courts, the municipal court of New Orleans, and the traffic court of New Orleans. Parish, city, and justice of the peace courts have jurisdiction over minor civil and criminal cases.

Other Early State Courts - From 1679 to 1769, the conseil superieur, or the French Superior Council, had jurisdiction over land and court matters. The Spanish cabildo was the Spanish government for the province of Louisiana from 1769 to 1803; it presided over court and land matters. The district court was established in the 1800s and continues today as the trial court of general jurisdiction. Parish courts were also established in the 1800s; they had jurisdiction over criminal and minor civil cases. Although a few parish courts still exist, most were abolished in 1846.

Published Works for State Courts - For a discussion of Louisiana’s court system and its laws of the nineteenth and twentieth centuries, see Albert Tate, Jr., “The Splendid Mystery of the Civil Code of Louisiana,” Louisiana Review 2 (2) (1974), and Coleman Lindsey’s The Courts of Louisiana (n.p., n.d.). Many French and Spanish court records are summarized in English Language Summaries of the Records of the French Superior Council and the Judicial Records of the Spanish Cabildo, 1714–1800 (Work Projects Administration, n.d.).

See also New Orleans, 1820-1850 Passenger and Immigration Lists and Search Immigration & Naturalization Records from All States

Maine - The county seat is where an executor or petitioner would go to commence probate, adoption, or guardianship proceedings. There were five probate courts by 1800.
An extensive array of courts have existed in Maine since the beginning of the settlements in the early 1600s, but no thorough survey has been conducted to determine what records remain. Since all courts fell under York County, Massachusetts, until 1760, most of the early records to 1730 will be found on microfilm through the FHL. All of the originals for York County are at Maine State Archives. Counties formed from York after 1760 (Cumberland and Lincoln) and 1789 (Washington) from York were also under Massachusetts jurisdiction, although these records appear not to have been microfilmed. Most extant court records to 1929 for all counties except Lincoln can be found at the Maine State Archives. Lincoln County court records are at the Courthouse in Wiscasset.

Before 1820, Maine's court of appeals was the Massachusetts Superior Court of Judicature. This also served as the original court for some other cases such as murders. Records for this court are filled as "Suffolk Files" at the Massachusetts State Archives where they are indexed. The supreme judicial court replaced the superior court of judicature after 1780. According to the Massachusetts State Archives, there holdings include circuit court records for this court for Maine counties through 1793.
Circuit Court records for the Supreme Judicial Court for Maine counties through 1793 are located at the Massachusetts Archives

Although Portland was a port of entry itself, with indexes to passengers arriving 1893-1954 in the National Archives collection with copies at National Archives/New England Region, many Maine residents are descendants of the Irish and other nationalities who passed through immigration in Boston and New Brunswick.

State Courts - The court of general jurisdiction in Maine is the superior court. It has jurisdiction in major civil and criminal cases.

Courts of limited jurisdiction are district courts, probate courts, and administrative courts. State district courts handle minor civil and criminal cases. The jurisdiction of probate courts includes the administration of estates of deceased persons, wills, guardianships, adoptions, and changes of name.

Other Early State Courts - From 1699 to 1839, inferior courts of common pleas had jurisdiction over some civil matters. Inferior courts were replaced by early district courts, which had jurisdiction over minor civil and criminal cases. These early district courts existed only from 1839 to 1852. In 1852, the powers of the district courts were assumed by the supreme judicial court, which had been established in 1782. The supreme judicial court, which is the court of final appeal, also served as the trial court for most major cases until that function was taken over by superior courts. Beginning in 1868, superior courts were established by individual counties in various years. By 1929, the superior court had become the trial court of general jurisdiction in all counties. From 1699 until 1831, the court of general sessions had jurisdiction over minor civil and criminal cases; it became the county commissioners’ court in 1831 and was replaced by the current district court in 1961. From 1821 until 1961, justices of the peace handled minor civil matters. Because Maine was under Massachusetts’ jurisdiction until 1820, some court records for York, Cumberland, Lincoln, Hancock, and Washington counties are a part of Suffolk County, Massachusetts, court records.

Published Works for State Courts - A guide to the historical development of Maine’s courts is David Q. Whittier, Esq., History of the Court System of the State of Maine. Some early court records were published in CharlesT. Libby, RobertE. Moody, and NealW. Allen, eds., Province and Court Records of Maine, 6 vols. (Portland: Maine Historical Society, 1928–).

Maryland - In many cases, efforts to recover the early proprietary records of Maryland, which were privately kept by the Calvert family, have been successful although some material has disappeared. The earliest surviving proprietary and royal papers for the period 1637 to 1785 were published in Calendar of Maryland State Papers No. 1 The Black Books (1943; reprint, Baltimore: Genealogical Publishing Co., 1967). At the Maryland State Archives are various records of and indexes to the provincial and general court (1658-1805) and the chancery (equity) court (1668-1851). An index to depositions from a variety of sources, 1668-1789, was published in the Maryland Historical Magazine 23 (1928): 101-54, 197-242, 293-343. Other early court and related records have been published and indexed, such as provincial and county records from 1637 to the 1780s in volumes of The Archives of Maryland.

Many twentieth century court records are still in the counties, with earlier records or copies in the state archives. In the orphans' court, the clerk of which is the register of wills, are wills and other estate records. Taxes and road surveys are in the commissioner's office. It should be noted, however, that much more material has been transferred from the counties to the state archives since the publication of the work, and updated information should be sought in Annapolis.

Before 1777 estates were recorded in the Prerogative Court, thus the records are "complete" despite courthouse fires and other losses at the county level. These include wills, inventories, accounts, balances of final distribution, and testamentary proceedings, all indexed at the state archives.

Colonial Courts - Beginning in 1637, the provincial court (later general court) was a colonywide court in Maryland that ruled on capital crimes, land disputes, and other civil matters. Also, beginning in 1637, county courts had jurisdiction over some criminal and civil cases. Starting in 1668, the chancery court was a statewide court with jurisdiction over equity cases.

Published Works for Colonial Courts - The earliest surviving proprietary and royal papers for the period 1637 to 1785 were published in Calendar of Maryland State Papers No. 1, The Black Books (1934; reprint; Baltimore: Genealogical Publishing Co., 1967). An index to chancery depositions, 1668 to 1789, was published in the Maryland Historical Magazine 23 (1928): 101–54, 197–242, 293–343. Other early court and related records have been published and indexed, such as provincial and county records from 1637 to the 1780s in volumes of The Archives of Maryland. One interesting sample of information from county court records is Millard Millburn Ride, ed., This Was the Life: Excerpts from the Judgment Records of Frederick County, Maryland 1748–1765 (1979; reprint; Baltimore: Genealogical Publishing Co., 1984). For the Eastern Shore, there are abstracts of court books in Edward F. Wright’s Citizens of the Eastern Shore of Maryland, 1659–1750 (Silver Spring, Md.: Family Line Pub., 1986).

State Courts - The court of general jurisdiction in Maryland is the circuit court. Circuit courts have existed since 1851; they exercise jurisdiction over major civil and criminal cases and appellate jurisdiction over district courts.

Courts of limited jurisdiction are district courts, orphans’ courts, and tax courts. District courts, created in the 1800s and known by several different titles before 1971, have jurisdiction over lesser criminal and civil cases.

Other Early State Courts - From 1637 to 1805, the provincial court (later general court) was a statewide court that ruled on capital crimes, land disputes, and other civil matters. From 1637 to 1851, county courts were countywide courts that had jurisdiction over criminal and civil cases. County courts were replaced by circuit courts in 1851. From 1668 to 1851, the chancery court was a statewide court with jurisdiction over equity cases, including divorces, name changes, mortgage foreclosures, and guardianships.

Published Works for State Courts - A good source on the court records available for each county and the dates they cover is MorrisL. Radoff’s County Courthouses and Records of Maryland (Annapolis: Hall of Records Commission, 1963). A useful index is Eleanor Phillips Passano’s An Index to the Source Records of Maryland: Genealogical, Biographical, Historical (Baltimore: Genealogical Publishing Co., 1967).

Massachusetts - Plymouth Colony, also known as the Old Colony, existed as a separate entity throughout most of the seventeenth century; it was officially merged into the Province of the Massachusetts Bay in 1692. Plymouth Colony consisted of towns currently located in Plymouth, Barnstable, and Bristol Counties. The original colony records for Plymouth, including wills and deeds, are maintained at the Plymouth County Commissioners Office in Plymouth. The Massachusetts Archives holds manuscript transcriptions of these records, with accompanying name indices. Some of the Plymouth Colony records, along with the records from the Commissioners of the United Colonies, were published in a twelve-volume set, Records of Plymouth Colony (Boston: 1855-1861), available at the Archives and at the State Library.

Court records abound in the state, with some of the earlier ones also making their way to the printing press. The General Court, which met quarterly, was established in 1629 to create laws to insure religious, peaceful government. Composed of the freemen of the colony, the General Court chose the governor, deputy, and assistants all of whom met as the Court of Assistants. It met more often to carry out General Court business and hearing jury cases. Individually they acted as local magistrates (justices of the peace) for civil suits. As the number of freemen in a town grew, representatives were elected to sit in General Court.

Ten years later, county inferior quarter courts of first instance were established and composed of the magistrates with a jury in each county, but dividing functions between civil actions in courts of common pleas and criminal actions in courts of general sessions. This three tier court system (individual magistrates, county courts, Court of Assistants) continued until reorganization in 1692 which provided for courts of general sessions and common pleas for each county, with one superior court of judicature (1692-1780) overseeing the entire colony. The latter became the supreme judicial court after 1780, handling appeals from lower courts. The county sessions and common pleas were reorganized into county superior courts in 1859.

Essex (1636-83), Suffolk (1671-80), Hampshire (1639-1702) and Plymouth (1686-1859 unindexed) county court records have been published, as well as those for Massachusetts Bay (1628-1686) and Plymouth (1633-1691) colonies. The Plymouth County court records are taken from the record books at the Pilgrim Society and are currently being indexed.

To avoid the possible responsibility for the poor, towns issued "warnings out" to those for whom they would not assume responsibility. Although instituted by towns, in Massachusetts they were recorded in the county seat. Those for Worcester County have been published.

Seventeenth century divorces were granted by the Court of Assistants until 1692 when authority transferred to the Governor and Council. The state's constitution gave that authority to the Supreme Judicial Court in 1785. The county superior courts took over divorce cases from the Supreme Judicial Court in 1887 and began sharing that authority with probate courts in 1922.

Probate proceedings had begun to apply to those with even minor personal property in England when the Great Migration occurred. Puritans pursued the practice with some vigor, but certainly not universally. Whether the person died with a will or without (intestate), complete probate proceedings regarding it were not automatic.

Even with Massachusetts' reasonably intact records, there are still gaps. But in all cases there are two groups of records of concern-the original papers brought to court such as receipts from heirs, original wills, and affidavits of all kinds, and those papers which were actually recorded in county probate books. Both of these exist in abundance for Massachusetts, although many people still died without their estate being probated.

1. The Probate and Family Court has jurisdiction over family matters such as divorce, paternity, child support, custody, visitation, adoption, termination of parental rights, and abuse prevention. Probate matters include jurisdiction over wills, administrations, guardianships, conservatorships and change of name. The Court also has general equity jurisdiction.
2. The Superior Court has original jurisdiction in civil actions over $25,000, and in matters where equitable relief is sought. It also has original jurisdiction in actions involving labor disputes where injunctive relief is sought, and has exclusive authority to convene medical malpractice tribunals.
   The Court has exclusive original jurisdiction in first degree murder cases and original jurisdiction for all other crimes. It has jurisdiction over all felony matters, although it shares jurisdiction over crimes where other Trial Court Departments have concurrent jurisdiction. Finally, the Superior Court has appellate jurisdiction over certain administrative proceedings
3. The District Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. District Court criminal jurisdiction extends to all felonies punishable by a sentence up to five years, and many other specific felonies with greater potential penalties; all misdemeanors; and all violations of city and town ordinances and by-laws. In felonies not within District Court final jurisdiction, the District Court conducts probable cause hearings to determine if a defendant should be bound over to the Superior Court. District Court magistrates conduct hearings to issue criminal complaints and arrest warrants, and to determine whether there is probable cause to detain persons arrested without a warrant. Both judges and magistrates issue criminal and administrative search warrants.
   In civil matters, District Court judges conduct both jury and jury-waived trials, and determine with finality any matter in which the likelihood of recovery does not exceed $25,000. The District Court also tries small claims involving up to $2,000 (initially tried to a magistrate, with a defense right of appeal either to a judge or to a jury). Fifteen of its judges serve on the Appellate Division, an appellate tribunal with published opinions that is organized in three geographical districts, and sits in three-judge panels, to review questions of law that arise in civil cases.
   The District Court's civil jurisdiction also includes many specialized proceedings: inquests; summary process (evictions); supplementary process (enforcement of money judgments); abuse prevention restraining orders; mental health matters (including involuntary civil commitments and medication orders, and supervision of criminal defendants committed for mental observation or because incompetent to stand trial or after an insanity acquittal); appeals from certain administrative agencies (involving, for example, firearms licenses or unemployment compensation); civil motor vehicle infractions (tried initially to a magistrate, with right of appeal to a judge); equitable injunctions (exercising specialized equity jurisdiction in all counties, plus general equity jurisdiction in small claims, summary process and civil money damage actions); and other miscellaneous civil matters

Colonial Courts - In Massachusetts, the general court was established around 1620. County courts or quarter courts, originally called inferior quarter courts, existed from 1636 to 1692. These courts were replaced in 1692 by the superior courts of judicature, courts of common pleas (which handled civil cases), and courts of quarter sessions. From around 1692, general sessions courts handled criminal cases in Massachusetts. Justice of the peace courts existed beginning in 1630. Other early courts included the court of assistants (1630 to 1692), the stranger’s or merchant’s court (1639 to 1684), and vice-admiralty courts.

Published Works for Colonial Courts - For more information on colonial courts, see Law in Colonial Massachusetts, 1630–1800 (Boston: Colonial Society of Massachusetts, 1984). Some colonial court records are in print: Nathaniel B. Shurtlett and David Pulsifer, eds., Records of the Colony of New Plymouth in New England, 12 vols. in 10 (Boston: William White, 1855–61); Records of the Court of Assistants of the Colony of the Massachusetts Bay, 1630–1692, 3 vols. (Boston: Rockwell & Churchill Press, 1901–28); Nathaniel B. Shurtleff, ed., Records of the Governor and Company of the Massachusetts Bay in New England, 5 vols. in 6 (Boston: W. White, 1853–54); Records and Files of the Quarterly Courts of Essex County, Massachusetts, 9 vols. (Salem, Mass.: Essex Institute, 1911–75) (covers 1636 to 1686); Catalogue of Records and Files in the Office of the Clerk of the Supreme Judicial Court for the County of Suffolk (n.p., 1890); and Franklin P. Rice, comp., Records of the Court of General Sessions of the Peace for the County of Worcester, Massachusetts from 1731–1737 (Worcester, Mass.: Worcester Society of Antiquity, 1882).

State Courts - The court of general jurisdiction is the superior court. The superior court has jurisdiction over all civil and criminal cases (except those expressly given by statute to other courts).

Courts of limited jurisdiction are the district court, the Boston municipal court, the land court, the housing court, the probate court, and the juvenile court. The district court and the Boston municipal court have jurisdiction (concurrent with the superior court) in civil actions seeking money damages. The district court and the Boston municipal court have limited criminal jurisdiction. The probate court has jurisdiction of the probate of wills, the administration of estates, and the appointment of guardians. In addition, the probate court has jurisdiction, concurrent with the superior court, in all equity cases.

Other Early State Courts - From 1692 to 1859, general sessions courts handled criminal cases in Massachusetts and courts of common pleas handled civil cases. Superior courts replaced general sessions courts in 1859. District courts and municipal courts have existed since around 1822. Justice of the peace courts also existed for many years in Massachusetts.

Published Works for State Courts - For more information see CatherineS. Menand’s A Research Guide to the Massachusetts Courts and Their Records (Boston: Massachusetts Supreme Judicial Court, Archives and Records Preservation, 1987) and MichaelS. Hindus’s The Records of the Massachusetts Superior Court and Its Predecessors (Boston: Archives Division, Office of the Secretary of the Commonwealth, 1977). Information about court procedures and records can be found in Carroll D. Wright’s Report on the Custody and Condition of the Public Records of Parishes, Towns, and Counties (Boston: Wright and Potter, 1889). Abstracts of pre-1860 Plymouth court records are in David Thomas Konig, ed., Plymouth Court Records 1686–1859: The Court of Common Pleas and General Sessions of the Peace, 16 vols. (Wilmington, Del.: Michael Glazier, 1978–81).

Michigan - Records at the county level are the responsibility of different offices-office of the county clerk: birth, death, and marriage; register of deeds: land records; office of the probate judge: probate files; and circuit court office or office of the county clerk: circuit court records.

County circuit court records are kept by the county clerk or the circuit court clerk in the appropriate county office. There are no state indexes to these records.

National Archives/Great Lakes Region holds federal district court records as follows: Eastern District (Flint), 1895—1962; Bay City, 1894—1962; Detroit, 1837—1962; Western District (Grand Rapids), 1863—1962; and Marquette, 1878—1962. An inventory of holdings is available at the archives in Chicago. Documentation of shipwrecks on the Great Lakes, filed in the admiralty case files, are included in these records.

State Courts - The courts of general jurisdiction are circuit courts and the court of claims. Circuit courts have jurisdiction in all equity cases and all major cases in law. Circuit courts also have jurisdiction in all criminal cases, except those involving misdemeanors and ordinance violations. The court of claims has jurisdiction of most claims against the state.

Courts of limited jurisdiction are district courts, probate courts, and municipal courts. District courts have jurisdiction over misdemeanors, ordinance violations, and minor civil matters. Probate courts have jurisdiction of matters relating to estates of deceased persons, trust administration, and appointment of guardians. Municipal courts have citywide jurisdiction in minor criminal and civil cases.

Other Early State Courts - When the Michigan Territory was established in 1805, county courts handled many legal matters. County courts were abolished in 1833. After statehood (1837), Michigan courts included circuit courts, municipal courts, and justice courts. Justice courts were abolished in 1969.

Minnesota - The first term of the district court in Minnesota convened in the second floor of John McKusick's store on 1 June 1847 in Stillwater.

Naturalization records may be in the district court office of the county courthouse. However, many of the counties have transferred these records to the Minnesota Historical Society Research Center. Other records in this court may include civil and criminal cases with indexes, coroner's records, professional registrations, and oaths and bonds. Civil cases may include monetary suits, change of name, divorce, garnishments, and adoptions. The district court records for Wright County at Minnesota Historical Society Research Center include, for example, court minutes, 1858–1929; criminal case files and dockets for 1858–1928; judgement dockets, 1857–66; and register of civil actions, ca. 1879–99. The court records at this repository vary considerably by county and type of record. Some counties have not transferred any of these files but retain them at the district court office in the county seat.

State Courts - The court of general jurisdiction in Minnesota is the state district court. District courts, which have existed since 1849, have jurisdiction in most civil and criminal cases.

Courts of limited jurisdiction are county courts and municipal courts. Each county court has a probate division, a family court division, and a civil and criminal division. County courts have jurisdiction over administration of estates, guardianship proceedings, and minor criminal and civil cases. Most municipal courts have merged into the county court system.

Other Early State Courts - Beginning in the 1800s, municipal courts in local cities and towns had jurisdiction over misdemeanor cases. Now municipal courts have merged into the county court system, except in Hennepin and Ramsey counties. Justice courts also used to handle minor cases until they were abolished.

Mississippi - There is no effective substitute for an on-site search of county courthouse records. County level records have not yet been centralized. No single county's records have been significantly abstracted or transcribed, making a courthouse visit essential. County records vary widely from county to county in both quality and quantity.

   These original Provincial Records records are divided according to the historical powers that ruled Mississippi during its early development. The French Provincial Records, covering the French Dominion date from 1678–1763 and are housed in Paris, France, at the Archives du Ministers du Colonies, Series C13a.
   The English Provincial Records, dating from 1763 through 1783, cover the term of British Dominion and are at the British Public Records Office in London.

   The Spanish Provincial Records are located in Seville, Madrid, and Simancas in Spain. Transcripts and microfilm copies of selections of all of these colonial records are found at the Mississippi Department of Archives and History and are known as the Provincial Records (RG 24–26).

   It is important to make the distinction that probate records are maintained by the chancery court, but that the chancery court has additional responsibilities for other records. These tasks include keeping official records of land titles, mortgages, and other documents customarily recorded at the courthouse.

   The term “circuit” developed in 1817 when the state set up judges to rotate in a particular geographic area to make determinations in civil matters. These courts have not deviated greatly from their earliest mission. Marriage licenses, voter registrations, declarations and naturalizations, criminal court minutes, and in some cases the coroner's book are maintained by the circuit court. These records are available to the public at the county courthouse and may also be found on microfilm at the Mississippi Department of Archives and History and through the FHL.

  Although Mississippi Territory had influences from different European countries, it was English law that it looked to for guidance even from the beginning; this law separated courts of law and equity as Mississippi distinguished the chancery court from the circuit court.

State Courts. Courts of general jurisdiction in Mississippi are circuit courts and chancery courts. Circuit courts have jurisdiction of major criminal cases and civil cases at law. Mississippi chancery courts have jurisdiction of all cases in equity and divorce cases. Chancery courts also exercise probate jurisdiction.

Courts of limited jurisdiction are county courts, municipal courts, justice courts, and family courts. County courts exist only in certain counties. In those counties where county courts exist, they have jurisdiction in minor civil and criminal cases. Justice courts handle small claims and some misdemeanors. Family courts exist only in certain large counties; in those counties, they deal with juvenile delinquency, neglect of children, and adult crime against juveniles.

Other Early State Courts - The orphans’ court was established by the 1817 Constitution of Mississippi as an inferior court to handle probate matters and guardianships. Its name was changed to the probate court in 1832. In 1869, the probate court was abolished. Since 1869, probate jurisdiction has been exercised by the chancery court. During a relatively brief period between 1857 and 1869, the circuit court in Mississippi exercised chancery jurisdiction.

Published Works for State Courts - For more information about state courts and their records, see Survey of Records in Mississippi Court Houses (Jackson: Mississippi Genealogical Society, 1967), MaryL. Hendrix’s Mississippi Court Records: From the Files of the High Court of Errors and Appeals, 1799–1859 (Jackson, Miss., 1950), and May Wilson McBee’s Natchez Court Records, 1767–1805 (Greenwood, Miss.: the author, 1953).

• Mississippi Marriages 1767-1935
• Mississippi Marriages to 1825
• Mississippi Marriages 1826-1850
• Mississippi Marriages 1826-1900
• Mississippi Court Records, 1799-1835

Missouri - Clerk of the County Court office in each county is located an index to common pleas, records of all extant proceedings, chancery minute books, records of births and deaths, county court records, right-of-way and road records, as well as surveyor's records (including field notes and plats made by the county surveyor). This office usually holds the county treasurer's notes, bonds and commissions, records of marks and brands, wolf scalps, stray notices, real estate assessments, and tax books. In some counties, early terms for this court included “Chancery” or the “Court of Common Pleas.”

Clerk of the Circuit Court office holds the direct index to records such as divorces, debt, dissolution of partnerships, adoptions, judgment, and tax fee books including direct and indirect indexes. They also retain the index to criminal records and criminal files of the circuit court. Adoptions are under the jurisdiction of the circuit court. Naturalization records, including petitions, declarations of intention, certificates, and certificates of allegiance, and granting of citizenship are also located in the clerk's office, as well as an index to civil case files. Some naturalization records have been found with the deeds. Federal records that pertain to Missouri citizens are located at the National Archives-Central Plains Region. The U.S. circuit and sitrict court records beginning as early as 1822 include case file indexes, records books, dockets, and judgment books that have been microfilmed.

State Courts - The court of general jurisdiction in Missouri is the circuit court. It has original jurisdiction of all civil and criminal cases.

Courts of limited jurisdiction are associate circuit courts, county courts, and the probate division of the circuit court. Associate circuit courts have jurisdiction of minor civil and criminal cases. County courts handle all claims against counties. The probate division of the circuit court has jurisdiction over matters pertaining to probate.

Other Early State Courts - Courts of common pleas were countywide courts that existed in some counties before the 1880s. They had jurisdiction over minor civil and criminal matters. Magistrate courts had citywide jurisdiction over minor criminal offenses and some small claims.

Published Works for State Courts - Lois Stanley, George F. Wilson, and Maryhelen Wilson’s Divorces and Separations in Missouri, 1808–1853 (n.p., n.d.), contains court records of early Missouri divorces and separations.

Montana - The Montana court records system has records of genealogical value. These records are found in the district courts, probate courts, and the supreme court.

District courts are district-wide courts which serve as major trial courts. Their jurisdictions cover appeals, criminal cases, debts, divorces, guardianships, juvenile matters, naturalizations, and probates (since 1889).

Probates courts were disbanded in 1889 when their functions were transferred to the district courts. Prior to that time their jurisdiction covered minor civil and criminal matters, marriages, and probates.

The supreme court served as a statewide appellate court. Microfiche copies of Supreme Court dockets are available through inter-library loan for cases dating from 1868 to approximately 1983. Supreme Court records are on microfilm at the Montana Historical Society. The court records can be obtained on the county level at the courthouses in the clerk of court's office.

State Courts - The court of general jurisdiction in Montana is the district court. District courts have jurisdiction over most civil and criminal cases. Also, since 1889, district courts have exercised probate jurisdiction.

Courts of limited jurisdiction are justice courts, city courts, and municipal courts. Justice of the peace courts have jurisdiction over minor civil and criminal cases. City courts exists in all cities and towns which do not have municipal courts. Only cities with populations of more than four thousand may have municipal courts. City courts handle the enforcement of ordinances and some misdemeanor cases. In addition to jurisdiction similar to city courts, municipal courts have concurrent jurisdiction with justice courts.

Other Early State Courts - Probate courts had jurisdiction over probates, marriages, and minor civil and criminal matters. Probate courts were disbanded in 1889 when their functions and records were transferred to the district courts.

Published Works for State Courts - I. W. Choate’s The Revised Codes of 1921 Containing the Permanent Laws of the State in Force at the Close of the Seventeenth Legislative Assembly of 1921 (San Francisco: Bancroft-Whitney Co., 1921) includes information about some early Montana legal records.

Nebraska - In the office of the clerk of the district court, available records include felony cases, cases of appeal, marriage, divorce, civil cases, and naturalization records. The naturalization records should include declarations of intention, petitions for naturalization, and second or final papers.

State Courts - The court of general jurisdiction in Nebraska is the district court. The district court has jurisdiction of most criminal cases and most civil cases (except for probate matters).

Courts of limited jurisdiction are county courts and juvenile courts. County courts have jurisdiction in all matters of probate and concurrent jurisdiction with district courts in minor civil and criminal cases. Juvenile courts may exist in any county with a population of seventy-five thousand or more.

Other Early State Courts - During the territorial period (1855 to 1867) there were justice courts (justices of the peace) and probate courts in addition to district courts. County courts have existed since statehood; they assumed the functions of probate courts when they were created. District courts were provided for by the state’s first constitution and continue today as the state’s trial courts of general jurisdiction. Justice courts continued to exist until 1970, when they were abolished. Early courts also included police magistrate courts, which were abolished in 1972.

Published Works for State Courts - See The Courts of Nebraska: A Report on Their Structure and Operation (Lincoln: State Court Administrator, 1979) and Collection Guide for Records of the Nebraska Territorial Court System (Lincoln: Nebraska State Historical Society, n.d.).

Nevada - Shortly after the territory of Nevada came into being on 2 March 1861, President Lincoln named James Nye as governor and appointed three newly designated federal district judgeships. The bulk of the cases involved the handling of litigation regarding mines and mining, but there were some criminal cases as well.

In general, the modern court system follows the pattern of the other southwestern states. There are four levels of jurisprudence, beginning with the municipal court, which handles only civil cases against city/local ordinances. Currently there are twenty-three judges of these courts. The next step upward is the justice court, composed of sixty-two judges. They also have jurisdiction over civil cases, but this includes injunctions in domestic problems as well. This level is followed by the district court, which has thirty-four judges. These courts handle both civil and criminal cases, divorces, probate, minors, and appeals from the lower courts. The highest court is the Nevada State Supreme Court, made up of five justices who hear appeals from the lower courts, review district court cases, and accept writs.

Each level of the court system has its own offices, clerks, and records maintenance. Thus if a case is pursued at any of these courts, the search must be made in the office holding jurisdiction over the respective records. The Director, Administrative Office of the Courts, 400 West King Street, Suite 406, Carson City, Nevada 89710, will provide the proper court and its address.

State Courts - The court of general jurisdiction in Nevada is the district court. The district court has jurisdiction in most criminal and civil cases, whether in equity or at law. Probate jurisdiction is also exercised by the district court sitting in probate. District courts also have appellate jurisdiction over cases originating in justices’ courts or municipal courts.

Courts of limited jurisdiction are justices’ courts and municipal courts. Justices’ courts have jurisdiction in criminal misdemeanor cases and minor civil cases. Municipal courts have jurisdiction over violations of city ordinances and minor public offenses.

Published Works for State Courts - Bill Greathouse’s Nevada Local Court Records Project Records Inventory Sheet at Carson City, Nevada, March-September, 1987 (Carson City, Nevada: Greathouse, 1987) includes Nevada’s minimum records retention schedule for district courts.

New Hampshire - Each county, in addition to having a registry of probate and of deeds, has court records. At different times there were inferior courts of common pleas, superior courts, and courts of general sessions of the peace which dealt with civil and criminal cases, equity and naturalizations. Divorces, although indexed beginning in the 1870s at the Bureau of Vital Records, are all filed at the county superior court. Some earlier ones are in legislative petitions.

The province court records to 1771 are card indexed at the New Hampshire Records and Archives. After that time, the county seat traditionally housed court records. In a few cases, card indexes to plaintiff and defendant are available to guide the search. Original county court records now at the New Hampshire Records and Archives instead of the county seat include Hillsborough to 1880, Merrimack to 1870, Rockingham 1772-1860, Strafford 1773-1850, and Sullivan to 1880. Microfilm of Grafton, Merrimack, and Strafford court record copy and docket books are at the New Hampshire State Library.

New Hampshire State Papers, volume 40, contains court records from the Dover-Portsmouth Quarterly Court, 1640-92, and there are some general court records and indexes both at the New Hampshire Records and Archives and on microfilm at the FHL for the colonial period. After statehood, the court system became established along county lines. The only court records which have been abstracted or published for the post-colonial period are abstracts of Strafford County Inferior Court records, 1773-83

Colonial Courts - New Hampshire was under Massachusetts’ jurisdiction until 1679. Beginning around 1682, justices of the peace had jurisdiction over some minor civil and criminal matters. The superior court of judicature was established around 1699 and the court of appeals around 1714. Superior courts, which are trial courts of general jurisdiction today, were established in 1769, as were courts of general quarter sessions, which handled some civil and criminal matters, and courts of common pleas, which had jurisdiction over some civil matters.

Published Works for Colonial Courts - Some colonial court records are in vol. 40 of State Papers of New Hampshire, 40 vols. (Concord: State printer, 1867–1943).

State Courts - The court of general jurisdiction in New Hampshire is the superior court. The superior court has jurisdiction in all major criminal and civil cases, including cases at law or in equity.

Courts of limited jurisdiction are district courts and probate courts. District courts, which were established in 1964, have jurisdiction in minor civil and criminal cases. Probate courts exercise probate jurisdiction.

Other Early State Courts - From 1769 to 1794 and again from 1820 to 1824, courts of general quarter sessions handled some civil and criminal matters. From 1769 to 1820 and then from 1824 to 1859, courts of common pleas had jurisdiction over some civil matters. From 1682 to the modern era, justices of the peace had jurisdiction over some minor civil and criminal matters. Municipal courts existed for many years until they were abolished in 1964 (except in those towns which elected to keep them until the sitting judge was no longer in office). Superior courts have existed since 1769 (except for the periods between 1813 and 1816 and between 1855 and 1901).

Published Works for State Courts - Some of the earlier court records were published in the Provincial and State Papers, 40 vols. (Concord, N.H: State Printer, 1867–1943). For more information on the Provincial and State Papers, see R.Stout Wallace’s “The State Papers? A Descriptive Guide,” Historical New Hampshire 31 (Fall 1976): 119–28.

New Jersey - New Jersey county clerks are responsible for land records, including deeds and mortgages, naturalizations, marriages (usually 1795-1840s), and various county court records. A few original county justice of the peace dockets are at the New Jersey State Archives. Estate matters are handled in the surrogate's and orphans' courts.

The state archives has minute books, indexes, and some case files for records of the prerogative court, 1830s-1900 (some scattered earlier); chancery court, 1780-1850 (some scattered back to 1743); and supreme court, 1681-1844 (indexes to 1947); court of errors and appeals dockets, 1869-1949 (some files prior to 1869); and records of the court of common pleas for some counties for the eighteenth and nineteenth centuries. Later records are with the Superior Court of New Jersey, R.J. Hughes Justice Complex, CN-971, Trenton, New Jersey 08625-0971. Some state court records for the 1800s were destroyed in a fire in 1980.

Records of federal courts in New Jersey are at the National Archives-Northeast Region, and some of these are on microfilm. These include the U.S. district court for 1789-1960 and U.S. Circuit Court for 1790-1911.

• Immigration: Most nineteenth- and twentieth-century immigration by ship was through the ports of New York and Philadelphia. There were some ship arrivals, however, directly in New Jersey, and federal passenger lists of these are available at the National Archives for Perth Amboy, 1801-37 (with gaps); Bridgetown and Cape May, 1828; Little Egg Harbor, 1831; and Newark, 1836. These are indexed in "A Supplemental Index to Passenger Lists of Vessels Arriving at Atlantic and Gulf Coast Ports," copies of which are at the National Archives/Mid-Atlantic Region and elsewhere.
• Naturalization: A search for nineteenth- and twentieth-century naturalization records should usually begin with the county clerk. A guide to these records for 1702-1886 was prepared by the WPA (Newark: New Jersey Historical Records Program, 1941). U.S. district court naturalization records for Camden, Camp Fort Dix, Newark, and Trenton, for various periods 1838 to 1981, arranged alphabetically or indexed are at the National Archives/Northeast Region.
  For the 1700s and 1800s, naturalization records are at the New Jersey State Archives, where there are also microfilms of many of the county records covering to 1906. It is important to keep in mind that many New Jersey residents may have become naturalized or at least filed a declaration of intention in New York City or Philadelphia if they stayed long enough in those port cities before settling in the Garden State.

Colonial Courts - Beginning in 1675, courts of general quarter sessions of the peace in New Jersey handled some minor criminal cases. They also handled some civil cases before the creation of the courts of common pleas in 1704. From 1693, courts of oyer and terminer and general gaol delivery had jurisdiction over crimes, except for certain capital offenses. Justices’ courts, which were presided over by justices of the peace, existed beginning in 1675. From 1684 to 1696 and again beginning in 1705, the court of chancery had equity jurisdiction. Circuit courts had civil jurisdiction over many cases beginning in 1799. Starting in 1682, the then supreme court was a major trial court handling many civil and criminal cases. Early courts also included orphans’ courts, which handled estates and guardianships, and prerogative courts, which handled estate disputes.

Published Works for Colonial Courts - Some court records for the proprietary period have been published in PrestonW. Edsall, ed., Journal of the Courts of Common Right and Chancery of East New Jersey, 1683–1702 (Philadelphia: American Legal Historical Society, 1937) and H. Clay Reed and George J. Miller, eds., The Burlington [County] Court Book: A Record of Quaker Jurisprudence in West New Jersey 1680–1790 (Washington, D.C.: American Historical Association, 1944). The state archive has an index to Supreme Court Cases Before and After the Revolution, 1709 to 1842, and an Early Index to Burlington Court Minutes, 1681–1709 (Trenton, N.J.: Historical Records Survey, 1938).

State Courts - The court of general jurisdiction in New Jersey is the superior court, which has a law division and a chancery division. The superior court, which was created in 1947, superseded the former supreme court, court of chancery, prerogative court, and circuit court. The superior court has jurisdiction over almost all civil and criminal cases.

Courts of limited jurisdiction are surrogate courts, municipal courts, and tax courts. Surrogate courts handle probate matters. Municipal courts handle some civil cases involving small claims and some minor criminal cases.

Other Early State Courts - From 1675 to 1947, courts of general quarter sessions of the peace had jurisdiction over some minor criminal cases. They also had some civil jurisdiction before the creation of the courts of common pleas in 1704. From 1693 to 1947, courts of oyer and terminer and general gaol delivery had jurisdiction over crimes committed within the county (except for certain capital offenses). From 1704 to 1947, courts of common pleas handled many civil cases; they also handled appeals from justices of the peace. In 1947, county courts took over the functions of the courts of common pleas, oyer and terminer, general quarter sessions, special sessions, and orphans’ courts. County courts were abolished in 1978, and their pending cases were transferred to the superior courts. Justices’ courts, which were presided over by justices of the peace, existed from 1675 to the modern era. Justices of the peace performed marriages, issued summons for debts, and handled minor civil suits. They also had criminal jurisdiction over minor cases. Justices’ courts were replaced in the twentieth century by district and superior courts. From 1877 until 1983, district courts also had jurisdiction over minor criminal offenses and civil suits. They replaced justices’ courts in most places but were abolished in 1983. All cases pending in district courts in 1983 were transferred to superior courts. From 1684 to 1696 and from 1705 until 1947, the court of chancery had equity jurisdiction. Circuit courts had civil jurisdiction over many cases from 1799 to 1947. From 1682 to 1947, the former supreme court was a major trial court handling many civil and criminal cases. In 1947, the former supreme court, the circuit court, and the chancery court were replaced by the superior court. Early courts also included orphans’ courts, which handled estates and guardianships, and prerogative courts, which handled estate disputes.

Published Works for State Courts - For information about early New Jersey courts, see WilliamM. Clevenger and EdwardQ. Keasbey’s The Courts of New Jersey: Their Origin, Composition and Jurisdiction ... Some Account of their Origin and Jurisdiction (Plainfield, N.J.: New Jersey Law Journal Publishing Co., 1903).

New Mexico - The judicial system of New Mexico is much like the other states in this region. All have courts that are close to their people and by steps progress to the more complicated and further removed.

The supreme court reviews death penalty cases and necessary writs; it may review cases of the courts of appeal. The courts of appeal hear the mandatory review of death penalty cases and may review other criminal cases and extraordinary writs. The district courts are arranged into thirteen districts as listed below.

• First Judicial District includes Santa Fe, Los Alamos, and Rio Arriba counties: Court Clerk, P.O. Box 2268, Santa Fe 87504-2268.
• Second Judicial District includes Bernalillo County: Court Clerk, P.O. Box 488, Albuquerque 87103.
• Third Judicial District includes Dona Ana County: Court Clerk, 134 East Organ, Las Cruces 88001.
• Fourth Judicial District includes Guadalupe, Mora, and San Miguel counties: Court Clerk, Bin N, Las Vegas, New Mexico 87701.
• Fifth Judicial District includes Lea, Eddy, and Chaves counties: Court Clerk, P.O. Box 1776, Roswell 88201; P.O. Box 98, Carlsbad 88220; Court Clerk, Lea County Courthouse, Lovington 88260.
• Sixth Judicial District includes Grant, Hidalgo, and Luna counties: Court Clerk, P.O. Box 2339, Silver City 88061; Court Clerk, Drawer E, Lordsburg 88045; Court Clerk, Luna County Courthouse, Deming 88030.
• Seventh Judicial District includes Catron, Sierra, Socorro, and Torrance counties: Court Clerk, Drawer 32, Truth or Consequences 87901; Court Clerk, P.O. Box 1127, Socorro 87801; and Court Clerk, P.O. Box 78, Estancia 87016.
• Eighth Judicial District includes Colfax, Union, and Taos counties: Court Clerk, P.O. Box 160, Raton 87740; Court Clerk, P.O. Box 310, Clayton 88415; Court Clerk, P.O. Box 1715, Taos 87571.
• Ninth Judicial District includes Curry and Roosevelt counties: Court Clerk, Curry County Courthouse, Clovis 88101; Court Clerk, Roosevelt County Courthouse, Portales 88130.
• Tenth Judicial District includes Quay, De Baca, and Harding counties: Court Clerk, P.O. Box 1067, Tucumcari 88401; Court Clerk, P.O. Box 910, Fort Sumner 88119; Court Clerk, Harding County Courthouse, Mosquero 87733.
• Eleventh Judicial District includes McKinley and San Juan counties: Court Clerk, P.O. Box 460, Gallup 87301; Court Clerk, 103 South Oliver, Aztec 87410.
• Twelfth Judicial District includes Lincoln and Otero counties: Court Clerk, Drawer T, Alamogordo 88310; and Court Clerk, P.O. Box 725, Carrizozo 88301.
• Thirteenth Judicial District includes Sandoval, Cibola, and Valencia counties: Court Clerk, P.O. Box 1089, Los Lunas 87031; Court Clerk, P.O. Box 130, Bernalillo 87004; Court Clerk, P.O. Box 58, Grants 87020.

Below the district courts, magistrate courts handle civil cases; probate courts handle probates, guardianships, and adoptions for each of the judicial districts outlined above; and finally, metropolitan and municipal courts of record handle city violations. Court records before 1912 are archived at the New Mexico Records Center and Archives.

State Courts - The court of general jurisdiction in New Mexico is the district court. The district court, which was first established in 1850, has jurisdiction of almost all cases, both criminal and civil. Probate courts handle informal probate proceedings. Other probate matters are handled by the district court.

Courts of limited jurisdiction are probate courts, magistrate courts, municipal courts, and the Bernallilo County metropolitan court. Magistrate courts, which were established in the 1800s, handle minor criminal and civil cases. Municipal courts hear municipal ordinance violations. The Bernallilo County metropolitan court handles minor civil and criminal cases.

Other Early State Courts - From 1598 to 1847, the alcalde ordinario (mayors’ courts) and audiencia (courts of appeals) were statewide courts in Mexico that handled civil and criminal cases. During several periods New Mexico was under the jurisdiction of courts in Mexico City, Guadalajara, Durango, Chihuahua, and Parral. From 1846 to 1850, the prefect’s court was a statewide court that handled civil and criminal cases. Circuit courts were also established during the period of the military government of New Mexico to handle civil and criminal cases from 1846 to 1850.

Published Works for State Courts - Tom Wiltsey’s Preliminary Inventory of the Records of the United States District Court of New Mexico: Record Group 21 (Denver: Archives Branch, Federal Archives and Records Center, 1980) includes information on court records for New Mexico Territory and later for the state of New Mexico.

New York - The county clerk is the keeper of most civil and criminal trial court records, naturalizations, marriages (1908-35), censuses (county copies of the federal census and the state censuses), as well as deeds and mortgages. Estate matters are recorded with the clerk of the county surrogate court , but before 1847 cases involving property of minor heirs and incompetents were often heard in the Court of Chancery. Unpublished material, excluding that for the five counties of New York City, is at the New York State Archives.

Much state court record material is at the state archives and the Old Records Division of the New York County Clerk's Office. Federal court records are at the National Archives-Northeast Region, covering the U.S. district and circuit courts in New York for various periods from 1789 to 1967 and early admiralty courts from 1685 to 1838.

Colonial Courts - Beginning in 1665, courts of general quarter sessions of the peace handled some criminal and civil cases in New York. These courts also handled probate matters from 1665 to around 1683. After 1691, they only handled criminal cases. Beginning in 1691, courts of common pleas were established to handle civil cases. Established in 1683, the court of oyer and terminer and general gaol delivery was a county court that had jurisdiction over capital crimes, such as treason and murder. From 1653 to 1674, courts of schouts and schepens were the Dutch courts having criminal and civil jurisdiction. They were replaced by the mayor’s court. From 1665 to 1683, the court of assizes was the highest provincial court established in New York City; it heard both civil and criminal cases and, along with the court of sessions, had jurisdiction over probates. From 1674 to 1784, the mayor’s court existed in New York City; it handled civil suits, apprenticeships, and naturalizations. From 1686 to 1778, prerogative courts were county courts which had jurisdiction over marriages and estates.

Published Works for Colonial Courts - Records of courts of schouts and schepens are found in Edmund Bailey O’Callaghan, trans., and Berthold Fernow, ed., New Netherland Documents: The Records of New Amsterdam from 1653 to 1674 Anno Domini, 7 vols. (1897; reprint; Baltimore: Genealogical Publishing Co., 1976). The records for courts of assizes for 1665 to 1682 have been published as Peter R. Christoph and Florence A. Christoph, eds., New York Historical Manuscripts: English Records of the Court of Assizes for the Colony of New York, 1665–1682 (Baltimore: Genealogical Publishing Co., 1983). Abstracts of some colonial New York City court records have been published in Kenneth Scott’s New York City Court Records, 1684–1760 (Arlington, Va.: National Genealogical Society, 1982). Early mayor’s court records are in Kenneth Scott, ed., New York Historical Manuscripts: Minutes of the Mayor’s Court of New York, 1674–1675 (Baltimore: Genealogical Publishing Co., 1983) and in Richard B. Morris, ed., Select Cases of The Mayor’s Court of New York City, 1674–1784 (Washington, D.C.: American Historical Association, 1935; reprint; Millwood, N.Y.: Kraus Reprint Co., 1975).

State Courts - Courts of general jurisdiction in New York are supreme courts and county courts. The supreme court of New York, unlike the supreme courts of other states, is the state’s major trial court instead of the state’s appellate court of last resort. New York’s supreme courts, which have existed since the colonial era, have jurisdiction over most civil and criminal cases. County courts, established in 1847, also have jurisdiction over most criminal cases, but their civil jurisdiction generally is limited to cases involving no more than twenty-five thousand dollars.

Courts of limited jurisdiction are family courts, surrogate courts, city courts, justice courts, court of claims, district courts, the civil court of the city of New York, and the criminal court of the city of New York. Surrogate courts were created in 1787 and continue today as the courts that exercise probate jurisdiction. Justice courts have existed from the colonial era to the present; they handle minor civil and criminal cases.

Other Early State Courts - From 1665 to 1895, courts of general quarter sessions of the peace handled some criminal and civil cases. These courts also handled probate matters from 1665 to around 1683. After 1691, they only handled criminal cases. The jurisdiction of these courts was transferred to county courts in 1896. Beginning in 1691, courts of common pleas were established to handle civil cases; they also handled appeals from justices of the peace. In most counties these courts were replaced by county courts in 1847. In New York City, the court of common pleas and the superior court were abolished in 1895 and their jurisdiction was assumed by the supreme court. From 1683 to 1895, the court of oyer and terminer and general gaol delivery was a county court that had jurisdiction over capital crimes (such as treason and murder). The court of probates handled all probates from 1778 to 1787 and some probate matters until 1823. From 1823 to 1847, the court of chancery had equity jurisdiction, including divorces, guardianships, and child custody. It also absorbed the court of probate and had appellate jurisdiction over surrogate courts. After 1847, equity jurisdiction was assigned to the supreme courts. From 1821 to the modern era, there were also circuit courts, which handled a number of different types of civil cases.

Published Works for State Courts - For more information about New York courts, see Alden Chester’s Courts and Lawyers of New York, a History, 1609–1925 (New York: American Historical Society, 1925). Helpful works include New York (State) Archives, List of Pre-1874 Court Records in the State Archives (Albany: Office of Cultural Education, New York State Education Department, 1984), and Historical Records Survey, Inventory of the County Archives of New York State, 6 vols. (New York, 1937–40), which covers Albany, Broome, Cattaraugus, Chautauqua, Chemung, and Ulster counties only. Some early quarter sessions records have been published in Kenneth Scott, ed., New York City Court Records, 1684–1804, Genealogical Data from the Court of Quarter Sessions, 4 vols. (Arlington, Va.: National Genealogical Society, 1982–88).

North Carolina - There is no effective substitute for an on-site search of county courthouse records. County level records have not yet been centralized. No single county's records have been significantly abstracted or transcribed, making a courthouse visit essential. County records vary widely from county to county in both quality and quantity.

   Research in North Carolina county records can begin with the microfilmed North Carolina material at a central collection, such as the North Carolina State Archives, Allen County Public Library , the FHL, or other repositories with the North Carolina Core Collection. However, county seats still may hold additional material, including original deed and will books. When counties were formed in North Carolina, many county clerks copied appropriate records from the parent county. In other cases, records pertaining to the land and families of the new county were transferred wholesale. Most counties therefore have some records that pre-date the formation of the county. The register of deeds at the county seat holds land and vital records, the clerk of the superior court holds probate records and court records if they have not been transferred to the state archives in Raleigh. Land records may include deeds, grants, plats, and other miscellaneous items. Probate records include not only wills, but also loose estates records, most of which have not been microfilmed. Court records may include apprentice bonds, bastardy bonds, and officials' or constables' bonds in addition to dockets, fee and account books, and court minutes and orders. The beginning dates do not imply that all records are extant since some of North Carolina's county records have been lost due to fire and other causes.

   County records information is quoted from Guide to Research Materials in the North Carolina State Archives (Section B: County Records) (10th rev. ed., Raleigh, N.C.: North Carolina Department of Archives and History, 1988). County formation information is derived from the above Guide, David Leroy Corbitt, The Formation of the North Carolina Counties 1663 to 1943 (1950; 2d printing, Raleigh, N.C.: State Department of Archives and History, 1969); George K. Schweitzer, North Carolina Genealogical Research (Knoxville, Tenn.: the author, 1984);

• Court of Pleas and Quarter Sessions (ca. 1670–1868) - The court of pleas and quarter sessions was the basic court of North Carolina's counties. As such, it was often called the county court or precinct court before 1739 and the inferior court after 1806.
    The county court was presided over by justices of the peace and handled minor civil matters (usually dealing with indebtedness), misdemeanors, probate, levying and expending of local taxes, matters dealing with public works (buildings, roads, bridges, ferries, and mills), summoning and selection of jurors, and a host of other local matters. The court of pleas and quarter sessions was abolished under the constitution of 1868, and the county superior court took over its functions.
    The county court minutes often are not indexed but are one of the richest sources of genealogical information available. Gaps in local records may be filled in by examination of the Supreme Court of North Carolina case files.
• General Court (1670–1754) - The general court, sometimes called the court of grand council, the grand court, and the Court of Albemarle, was the court of appeals for the county court. Additionally, the general court was the court of origin in all criminal cases punishable by loss of life or limb. The court often handled probate of large estates or estates that included land in several counties. Three district courts were added to the general court in 1739, and the court was replaced in 1754 by district courts.
• District Courts (1754–1806) - "District courts, sometimes called district superior courts, replaced the general court in 1754. In 1782 district courts acquired jurisdiction over all equity cases. From 1771–78 the district courts did not function. When the courts were reestablished in 1778, their probate authority was transferred to the county courts. District courts were replaced in 1806 by superior courts in each county.
• Superior Court (1806–present) - In 1806 each county received a superior court to share the judicial burden until the constitution of 1868 abolished the county court. Initially, superior courts heard cases involving large sums of money or serious criminal charges, and then took over all county-level court jurisdiction in 1868.
• Court of Chancery (1663–1776) - "The governor and council were members of the court of chancery. During its period of operation, this court was the only court with jurisdiction over equity cases, such as division of land between partners, enforcement of contracts, and other noncriminal cases. In 1782 the North Carolina legislature vested jurisdiction over equity cases in the district courts. The equity system was abolished by the constitution of 1868.
• Court of Conference (1799–1805) and Supreme Court of North Carolina (1805–present). - The supreme court is the highest judicial level in the state. It was originally formed by the judges of the district superior courts, but election of supreme court justices began in 1818. Before the twentieth century, if a case was appealed to the supreme court, the entire case file often was transferred from the lower court to the supreme court. The North Carolina State Archives maintains most original pre-1900 court records, and microfilm copies are available at the FHL. See Leary and Stirewalt, North Carolina Research (cited in Background Sources) for a more thorough discussion of North Carolina's court system. An information circular, “North Carolina Courts of Law and Equity Prior to 1868,” is available from the North Carolina State Archives for a fee

Colonial Courts - From 1670 to 1754, North Carolina’s general court, sometimes called the court of grand council, the grand court, or the court of Albemarle, handled civil cases involving large sums of money, major criminal cases, and some probates. District courts replaced the general court in 1754. From 1663 to 1776, the court of chancery, comprising the governor and council, handled equity cases. Also, during the colonial period, county courts of pleas and quarter sessions handled many minor civil and criminal cases and probate matters. These courts were composed of justices appointed by the legislature.

Published Works - Court records pertaining to the Province of North Carolina (1670 to 1730) are contained in Robert J. Cain, ed., The Colonial Records of North Carolina, 2nd series, 7 vols. (Raleigh: state archives, 1984). Early court records may also be found in WilliamL. Saunders, comp. and ed., The Colonial Records of the State of North Carolina, 30 vols. (n.p., 1886–1914). Published abstracts of court records for many counties have been completed by private publishers.

State Courts - The court of general jurisdiction in North Carolina is the superior court. Superior courts, first established in 1806, have jurisdiction of most types of civil cases and of all criminal actions that constitute felonies. Superior courts also handle probate matters.

Courts of limited jurisdiction are district courts and magistrates’ courts. The current district courts, created throughout the state between 1965 and 1971, should not be confused with the early district courts that were abolished in 1806; current district courts handle divorces and minor civil and criminal cases. Magistrate courts handle small claims not in excess of two thousand dollars and perform other functions formerly handled by the office of the justice of the peace, which was abolished by the Judicial Department Act of 1965.

Other Early State Courts - From the colonial period until 1868, courts of pleas and quarter sessions handled many minor civil and criminal cases and probate matters. These courts (sometimes called county courts or, after 1806, inferior courts) were composed of justices appointed by the legislature. The court of pleas and quarter sessions of each county was also the governing body of the county, so it constituted both the judicial and legislative branches of county government. From 1754 to 1806, district courts handled major civil and criminal cases.

Published Works for State Courts - For more information about North Carolina courts, see Helen F. M. Leary’s North Carolina Research: Genealogy and Local History, 2nd ed. (Raleigh: North Carolina Genealogical Society, 1996), and George Stevenson and Ruby D. Arnold’s North Carolina Courts of Law and Equity Prior to 1868 (North Carolina Division of Archives and History, 1977). Many North Carolina court records have been published. Examples are Weynette Parks Haun’s Wake County, North Carolina, County Court Minutes (Court of Pleas and Quarter Sessions) 1801 thru 1803, Book V (cited earlier) and Haun’s Morgan District, North Carolina, Superior Court of Law and Equity (Durham, N.C.: the author, 1987).

North Dakota - The State Archives and Historical Research Library holds some federal district court records for Dakota Territory from 1861 through 1889 on microfilm and some county level courts records. However, the county's clerk of the district court is responsible for juvenile court records, naturalization records, coroner's juries and records, civil actions, jury lists, justice of the peace records, liquor applications for medical use, judgment records, and criminal proceedings.

State Courts - The court of general jurisdiction in North Dakota is the district court. District courts have jurisdiction of most civil cases (both at law and equity), criminal cases, and juvenile matters.

Courts of limited jurisdiction are county courts and municipal courts. County courts have exclusive jurisdiction in probate and testamentary matters, and concurrent jurisdiction with district courts over minor civil cases and misdemeanors. Municipal courts have citywide jurisdiction over certain minor criminal cases.

Other Early State Courts - Early courts included justice courts, which had jurisdiction over misdemeanors and some small civil cases.

Ohio - Ohio can boast centralization of many research sources and clear jurisdiction on land and vital records. Probate records finding the correct jurisdiction for a particular time period is more complicated. For the 169 towns, there are about 130 probate districts. Jurisdictional lines have changed considerably over the three centuries, but their function has been consistent in probating wills, distributing estates, and appointing guardians.

Before 1698, probates were handled by the general court or the secretary of the colony and the particular courts. When the four counties were created, the probate jurisdiction paralleled that of the county, but by 1719 the four original districts started to divide. Each present probate district has a genealogy of its own. A Checklist of Probate Records in the Ohio State Library delineates the lines of descent for each present district.

As with all probate records, not only the court record books themselves (clerk's transcripts of probate proceedings), but the estate papers or files (original wills, receipts, affidavits, etc.) contain essential genealogical information. The record books remain in the probate clerk's office with microfilm copies to about 1915 in the Ohio State Library and the FHL. The exception is New Haven, whose original record books are at the Ohio State Library instead of the probate clerk's office. Many of the district estate papers or files to 1900 (some later) have been deposited in the Ohio State Library. Packets of these original documents have been microfilmed to 1880 and are available on microfilm at both the Ohio State Library and the FHL. Photocopies of original files are no longer permitted because of their fragile condition. There is a state-wide index of these probate packets at the Ohio State Library.

State Courts - The court of general jurisdiction in Ohio is the court of common pleas; it was first established in 1787. There is a court of common pleas in each county which has jurisdiction in all civil cases in which the amount in dispute exceeds five hundred dollars and in all criminal cases (except those involving minor offenses). Probate jurisdiction is also exercised by the common pleas court through its probate division.

Courts of limited jurisdiction are municipal courts, county courts, and mayors’ courts. Municipal courts handle minor civil and criminal cases. County courts also handle minor civil cases. Some cities have mayors’ courts, which have jurisdiction over traffic violations and violations of ordinances.

Other Early State Courts - From 1851 to 1883, district courts had jurisdiction over many civil and criminal cases, including equity and divorce cases. Then, from 1883 to 1912, circuit courts handled civil and criminal cases, including equity and divorce cases. Probate courts existed from 1787 until 1802 and then again from 1852 until the modern era. Probate jurisdiction is now exercised by the probate division of the court of common pleas. Justice of the peace courts and police courts also existed in Ohio from the 1800s to the modern era.

Published Works for State Courts - For more information about Ohio courts, see Carrington Tanner Marshall’s A History of the Courts and Lawyers of Ohio (New York: American Historical Society, 1934). Carol Willsey Bell’s Ohio Guide to Genealogical Sources (Baltimore: Genealogical Publishing Co., 1988) provides information about the location of some court records.

Oklahoma -  The western district of Arkansas at Ft. Smith covered present-day Oklahoma as early as 1844. U.S. Federal District Courts served as the official criminal and civil courts for non-Native Americans until land was opened in 1889. Congress established federal courts at Muskogee in 1889 for crimes except those punishable by death or imprisonment. Cases for felonies were tried at either Ft. Smith, Arkansas; Paris, Texas; or Ft. Scott, Kansas. For nonnatives, the laws of Arkansas were applicable.

Between 1890–95, federal law divided Indian Territory into the three judicial districts of South McAlester (Choctaw Nation), Ardmore (Chickasaw and Seminole nations), and Muskogee (Cherokee and Creek nations and the Quapaw Agency). Judges from these three jurisdictions heard all appellate cases including those from Ft. Smith, Paris, and Ft. Scott. Until 1898, tribal courts continued hearing cases in which both parties were Native Americans. Thereafter, all persons, no matter their race, in Indian Territory were subject to federal laws and the laws of Arkansas.

In 1883 Congress changed the jurisdiction for the northern half of the western section of Indian Territory to that of the U.S. District Court of Kansas. The U.S. District Court, Northern District of Texas, was authorized to extend its jurisdiction to the southern half of the western part of Indian Territory.

During the first few years, a district court in Oklahoma Territory frequently served more than one county.

Most original, pre-statehood, district court records are in the National Archives-Southwest Region. Some are on microfilm at the Oklahoma Historical Society, Archives and Manuscripts Division.

Civil and criminal court records after statehood are available from the clerk of the court for the respective county. They maintain records such as proceedings, dockets, cases, and indexes to civil court matters. Jurisdiction may include probate, felony, civil, divorce, adoption, naturalization, small claims, licenses, juvenile, notary, minister's credentials, traffic, and misdemeanor cases. The appellate courts for Oklahoma are the state supreme court, court of appeals, and the court of criminal appeals.

Some early court records may include non-court related records. A volume stored in the basement of the Logan County courthouse contains the first court minutes, but the frontispiece lists a few marriages that occurred during that period.

State Courts - The court of general jurisdiction in Oklahoma is the district court. District courts have existed since around 1890, when they were established in the Oklahoma territory. Most judicial districts are composed of more than one county. The jurisdiction of Oklahoma district courts extends to all cases—civil, criminal and probate—except for those few types of cases which, by law, must be handled by other courts.

Courts of limited jurisdiction are the court of tax review, the workers’ compensation court, and municipal courts. The court of tax review handles tax protest cases, and the workers’ compensation court handles cases involving workers’ bodily injuries sustained on the job. Municipal courts have jurisdiction of cases involving certain violations of city ordinances.

Other Early State Courts - From 1844 to 1889, the U.S. District Court for the Western District of Arkansas had jurisdiction over some criminal and civil cases in the Indian Territory. Beginning in 1889, the U.S. District Court for the Eastern District of Texas assumed this jurisdiction.

Published Works for State Courts - Charles Butler Barr’s Records of the Choctaw-Chickasaw Citizenship Court Relative to Records of the Enrollment of the Five Civilized Tribes, 1898–1907 (Independence, Mo.: the author, 1990), contains court records of applications for citizenship.

Oregon - Most Oregon court records are either deposited at the state archives or remain at local county courthouses. The Oregon court system is divided as follows: circuit courts, county courts, district courts, justice courts, municipal or city courts, and the supreme court.

Circuit courts are major trial courts. In Oregon they have county-wide jurisdiction over criminal cases, probate matters, guardianships, divorces, and some administrative functions. County courts, where they exist, have county-wide jurisdiction in juvenile cases, and in some probate matters. District courts have county-wide jurisdiction over minor criminal cases. Justice courts have concurrent county-wide jurisdiction with circuit courts over minor criminal cases. Municipal or city courts have jurisdiction over municipal law violations or liquor control law violations. The supreme court has the final appellate jurisdiction for the entire state.

The State of Oregon took over jurisdiction of the court system in 1983. At that time, a separation was made between the duties of the county clerks, the recorders offices, and the circuit courts. Therefore, to improve the chances of getting correspondence to the proper office, it is best for genealogists or family historians to write to “Marriage Records,” “Probate Records,” “Deeds,” etc.

Since the Oregon State Archives has some county records, it is wise to first contact them to see if they have the records and time periods needed for research.

State Courts - The court of general jurisdiction in Oregon is the circuit court. Circuit courts have jurisdiction in major civil and criminal cases and, in some counties, in probate matters and juvenile cases.

Courts of limited jurisdiction are county courts, district courts, justice courts, and municipal courts. Probate jurisdiction and juvenile jurisdiction are exercised by county courts in other counties. Justice courts handle minor civil and criminal cases. In some counties, district courts have replaced, or exist along with, justice courts. In those counties where district courts exist, they also handle minor civil and criminal cases. Municipal courts have jurisdiction of cases involving violations of municipal ordinances.

Published Works for State Courts - Members of the Legislature of Oregon, 1843–1967 (Salem: Oregon State Library, 1968) includes information about some early Oregon legal records.

Pennsylvania - The prothonotary has been the clerk of court of common pleas since 1707. Court records here include divorces, naturalizations, peddlers' licenses, registration of attorneys, oaths of county officers, equity, sheriff's sales, juror lists, some tax records, and some civil court records. Other court records are with the clerk of courts.

Courts of Common Pleas are Pennsylvania's courts of general trial jurisdiction. They have existed in Pennsylvania at least since the Constitution of 1776, under which they were given constitutional status.

Prior to the Commonwealth's Constitution of 1968 there existed in addition to Courts of Common Pleas -- Courts of Oyer and Terminer and General Jail Delivery, Quarter Sessions of the Peace and Orphans' Courts. The new constitution abolished these latter separate courts and incorporated them into existing Common Pleas Courts.

The register of wills and clerk of orphans' court (for estate records) are often the same person, sometimes sharing the responsibility of the recorder of deeds and clerk of courts as well. Counties are classed by population, which determines the number of hats worn by one or more clerks.

Other courts exist in Pennsylvania, although their jurisdictions are less likely to have genealogical impact. These include supreme court (1722–present), superior court (1895–present), and commonwealth court (1970–present), with mostly appellate but some original jurisdiction.

Courts In Pennsylvania

Date	Name of Court	Description
1682 - 1722	County Courts	Original three counties - later called the provincial court. Dealt with equity and estate issues, civil and criminal matters - no capital crimes. The justices of the court also oversaw the orphan's court procedings.
1682 to Present	Justice of the Peace courts	Justice of the peace courts were established for each township. They nolonger exist in some counties. Types of records: Marriage
1682 to Present	Orphan's Courts	Dealt with orphan, guardianship and estate issues.
1684-1722	Provincial Court	Dealt with appeals from inferior courts, civil matters and criminal issues.
1697-1789	Admiralty Court	Dealt with issues of navigation and trade. In 1789 was turned over to federal courts.
1700 - 1780	Court for Trial of Negroes	Established in each county. Tried cases dealing with Negroes accused of committing crimes. Court was abolished in 1780.
1720 - 1735	Court of Chancery/Equity	Short lived court - little records exist.
1722 - Present	Court of Quarter Sessions of the Peace	Criminal case entries, roads, appointment of civil officials, and tavern and peddler license issues.
1722 - Present	Court of Common Pleas	Countywide jurisdiction over criminal and civil cases including real estate, bankruptcy, tax collection, naturalization, and divorce.
1722 - Present	Supreme Court	Replaced the provincial court. Divided into districts for eastern, middle, northern, and western areas.
1811 - 1873	District Court	Essentially a court of the common pleas. Abolished in 1873.
1895 - Present	Superior Court	Intermediate Appelate court.
1903 - Present	Juvenile Court	Established in 1903 to administer offenses committed by children under the age of 16.

History of Pennsylvania's Courts

Pennsylvania's judiciary began as a disparate collection of courts, some inherited from the reign of the Duke of York and some established by William Penn. They were mostly local, mostly part time, and mostly under control of the governor. All of them were run by non-lawyers. And although the Provincial Appellate Court was established in 1684, no court could be called the court of final appeal. Final appeals had to be taken to England.

Several attempts were made in the early years of the eighteenth century to establish a court of final appeal in Pennsylvania and to further improve and unify the colony's judicial system, but because the crown had final veto power over all colonial legislation, these attempts proved futile. Finally, in 1727 the crown sanctioned a bill that had been passed five years earlier.

The Judiciary Act of 1722 was the colony's first judicial bill with far-reaching impact. It established the Pennsylvania Supreme Court, providing for a chief justice and two justices who would sit twice yearly in Philadelphia and ride the circuit at other times; and it created the Court of Common Pleas in Philadelphia, Bucks and Chester counties.

The court system in Pennsylvania did not change again until the Pennsylvania Constitution of 1776. By establishing the Courts of Sessions, Courts of Common Pleas and Orphans' Courts in each county, the constitution allowed Pennsylvania to see the beginning of a statewide framework for the development of its judicial system.

A new constitution in 1790 encouraged further development in the Commonwealth's judicial system by grouping counties into judicial districts and placing president judges at the heads of the districts' Common Pleas Courts. This was meant to ease the Supreme Court's rapidly increasing workload. Constitutional changes in 1838 and 1874 and a constitutional amendment in 1850 made changes in the jurisdiction, tenure, and election or appointment of members of the judiciary. In 1895 the General Assembly created the Superior Court to further ease the work of the Supreme Court, giving each appellate court separate jurisdictions.

The Constitution of 1968 initiated the most sweeping changes in Pennsylvania's judiciary in nearly a century, creating the Commonwealth Court to reduce the workload of the Superior and Supreme courts by hearing cases brought against and by the Commonwealth; substantially altering the minor court system; and reorganizing the judiciary into the Unified Judicial System, consisting of the Supreme, Superior and Commonwealth courts; Common Pleas Courts; Philadelphia Municipal Court; Pittsburgh Magistrates Court; Philadelphia Traffic Court; and district justice courts, with provisions for any future courts the law might establish.

Both judicially and administratively, the Supreme Court is, by constitutional definition, Pennsylvania's highest court. In matters of law, it is the Commonwealth's court of last resort. In matters of administration, the Supreme Court is responsible for maintaining a single, integrated judicial system and thus has supervisory authority over all other state courts.

In 1980, the legislature approved a decrease in the Supreme Court's mandated jurisdiction by expanding that of the Superior Court. Consequently, the Pennsylvania Supreme Court, like the United States Supreme Court, can now exercise discretion in accepting or rejecting most appeals, allowing it to devote greater attention to cases of far-reaching impact, as well as to its constitutional obligation to administer the entire judicial system.

Colonial Courts - Beginning in 1664, courts of quarter sessions of the peace in Pennsylvania were countywide courts that handled criminal cases, roads, taverns, and peddlers. The court of common pleas, which existed at least as early as 1707, had jurisdiction over many civil and criminal cases. Colonial courts included oyer and terminer, justice of the peace, and chancery courts. From 1683 to 1707, the provincial court was the appellate court until replaced by the supreme court.

Published Works for Colonial Courts - Some provincial court records have been transcribed in Minutes of the Provincial Council of Pennsylvania: From the Organization to the Termination of the Proprietary Government (1683–1775), 10 vols. (Philadelphia: the state, 1851–52).

State Courts - The court of general jurisdiction in Pennsylvania is the court of common pleas. The court of common pleas, which has existed since at least 1707, has jurisdiction over most civil and criminal cases.
Courts of limited jurisdictions are district justice courts, Philadelphia municipal courts, and Pittsburgh city magistrates. District justice courts handle minor civil and criminal cases, as do Philadelphia municipal courts. Pittsburgh city magistrates have jurisdiction over certain minor criminal cases.

Other Early State Courts - From 1664 to the modern era, courts of quarter sessions of the peace were countywide courts that handled criminal cases, roads, taverns, and peddlers. Other early courts included chancery, mayors’, justice of the peace, and admiralty courts.

Published Works for State Courts - For more information about Pennsylvania courts, see Sylvester K. Stevens and Donald H. Kent’s County Government and Archives in Pennsylvania (Harrisburg: Pennsylvania History and Museum Commission, 1947) and Boyd Crumrine’s Virginia Court Records in Southwestern Pennsylvania: Records of the District of West Augusta and Ohio and Yohogania Counties, Virginia, 1775–1780, excerpted and reprinted from Annals of the Carnegie Museum, 3 vols. (Pittsburgh, 1902–05).

Rhode Island - Courts kept the only countywide records in Rhode Island, and that has been the case since the inception of counties in 1729. Previous to that the general court of trials existed for the entire state along with several lower courts. All the colonial court records from colonial and state courts from 1645-1900 are located at the Rhode Island Superior Court Judicial Records Center, 1 Hill Street, Pawtucket, Rhode Island 02860. Beginning in 1729 with the formation of counties, a superior court of judicature (criminal) and inferior court of common pleas (civil) as well as a supreme court were established, similar to those in Massachusetts. Debts, divorces, and trespass claims are found within the court records for each county.

Colonial Courts - Colonial courts in Rhode Island included the quarter court of freeman, the court of election, the superior court of judicature, courts of common pleas, courts of general sessions, courts of arbitration, justice courts, courts of admiralty, court of vice-admiralty, and the court of equity. From 1647 to 1729, the general court was a colonywide court with jurisdiction over civil and criminal matters; in 1671 it became the general court of trials. Courts of common pleas were established in each county in 1730; they had jurisdiction over most local criminal and civil matters. The superior court of judicature replaced the general court of trials. After 1747, several superior courts of judicature were established as countywide courts.

Published Works for Colonial Courts - Rhode Island court records for 1636 to 1670 were published with every-name indexes in John R. Bartlett’s Records of the Colony of Rhode Island and Providence Plantations in New England, 10 vols. (Providence: A. C. Green, 1856–65). Also see Rhode Island Court Records: Records of the Court of Trials of the Colony of Providence Plantations, 1647–1670, 2 vols. (Providence: Rhode Island Historical Society, 1920–22), and Dorothy S. Towle, ed., Records of the Vice-admiralty Court of Rhode Island, 1716–1752 (1936; reprint; Milwood, N.Y.: Kraus Reprint, 1975).

State Courts - The court of general jurisdiction in Rhode Island is the superior court. Superior courts have existed in Rhode Island since around 1905 and district courts since before the 1890s. Superior courts have jurisdiction over major civil and criminal cases.

Courts of limited jurisdiction are district courts, family courts, municipal courts, and probate courts. District courts handle minor civil and criminal cases. Family courts handle divorces and juvenile matters. Municipal courts have jurisdiction over traffic violations and miscellaneous ordinances. Probate jurisdiction is exercised by probate courts.

Other Early State Courts - Courts of common pleas were established in each county in 1730. They had jurisdiction over most local criminal and civil matters until around 1898. The superior court of judicature replaced the general court of trials. After 1747, several superior courts of judicature were established as countywide courts. Other early courts included the court of election, which existed between approximately 1640 and 1854; the county courts of general sessions, which existed between approximately 1729 and 1838; justice courts, which existed between approximately 1729 and 1886; courts of magistrates, which existed between approximately 1845 and 1886; and the admiralty court, which existed between approximately 1767 and 1789 (known as the maritime court from 1776 to 1780).

South Carolina - There is no effective substitute for an on-site search of county courthouse records. County level records have not yet been centralized. No single county's records have been significantly abstracted or transcribed, making a courthouse visit essential. County records vary widely from county to county in both quality and quantity.

Most courts in America are courts of record, that is, they are required by law to keep a record of their proceedings; South Carolina's courts are no exception. Understanding South Carolina's court system is challenging, but a researcher needs a basic understanding of the courts because their records are useful in genealogy.

• Grand Council/His Majesty's Council.
      While South Carolina was a proprietary and crown colony, its government was centralized, and all civil administration took place at Charleston. The grand council, composed of the governor and councilors, sat as the general court, the court of chancery (equity), the court of common pleas, the court of general sessions (assize), the court of admiralty, the court of probate, and the court of appeals. Restructuring during the eighteenth century led to appointments of judges for many of these courts. All records were created and maintained in Charleston, and the extant original records are at the South Carolina Department of Archives and History.
• General Court.
      The general court handled all cases that did not have a specific court; one of its important functions was hearing petitions for headright grants (see Land Records). The records of the general court are included in Journals of the Grand Council, 1671–92, and His Majesty's Council Journals, 1721–74, original records maintained at the South Carolina Department of Archives and History.
• Court of Chancery.
      Established in 1721, the court of chancery handled equity cases (see Equity Circuit Courts). Prior to 1791, most cases were tried in Charleston, and all records were kept there. The South Carolina Department of Archives and History maintains the original records of the court of chancery, and there is an index to the extant cases. The court of chancery was replaced by equity circuit courts in 1791.
• Equity Circuit Courts (1791–1821).
      The equity court, also called the chancery court, handled cases for which there were no remedies specified in South Carolina law. For example, the equitable division of a tract of land among heirs cannot be mandated in a law that would cover all cases; each division must take into account many variables, including the quality of the land.
      Prior to 1791, most equity court cases were tried in the court of chancery in Charleston, and all records were kept there. An index to the extant cases and the records themselves are housed at the South Carolina Department of Archives and History.
      In 1791, South Carolina was divided into three equity circuits: (1) the Upper Circuit included Ninety-Six and Washington Circuit Court districts and Spartanburg and Union counties in Pinckney Circuit Court District; (2) the Middle Circuit included the remaining counties in Pinckney Circuit Court District, plus all of Camden, Cheraws, and Orangeburgh Circuit Court districts; (3) the Lower Circuit included Beaufort, Charleston, and Georgetown Circuit Court districts.
      Another division in 1799 produced four districts, each of which was divided in half; there were eight district seats. A further division in 1808 produced nine districts. By 1821, all districts/counties had their own equity court, except Cheraws District. In 1868, the equity or chancery court was combined with the court of ordinary or probate and became the court of probate.
      Known record locations include: Middle Circuit (1791–99) and Camden Circuit (1808–21) records housed in Camden County, Lower Circuit (1791–99) and Charleston Circuit (1808–21) records housed in Charleston County, Columbia Circuit (1808–21) records housed in Richland County, Western Circuit (1799–1808) and Pinckney Circuit (1808–21) records housed in Union County. The records have not been positively located for Upper Circuit (1791–99); Southern, Northern, Eastern, and the lower half of Western circuits (1799–1808); and Cheraws, Georgetown, Ninety-Six, Orangeburgh, and Washington circuits (1808–21).
• Court of Common Pleas.
      This is the civil court of South Carolina. A civil court handles all cases involving private citizens or organizations against private citizens or organizations. The court of common pleas was one of the functions of the grand council during most of the colonial period. Until 1772, the court of common pleas was held in Charleston, but by 1772 courts of common pleas had been established in each of the circuit court districts (see Formation of Local Government), with records maintained in Charleston until 1785. Each of the counties within the circuit court districts formed in 1785 was authorized a court of common pleas. The counties in Beaufort, Charleston, and Georgetown districts did not function, and the counties in Orangeburgh District only functioned until about 1791. From 1785 until 1800, courts of common pleas operated at both the county and district level; extant records of both must be examined. When districts (counties) were formed in 1800, each was authorized its own court of common pleas.
      The records of the court of common pleas generally include: guardianship records, such as petitions, reports, and orders; renunciations of dower; and Revolutionary War pension applications. The records will be found in the clerk of court's office. Most pre-1865 court of common pleas records have been microfilmed and are available at the South Carolina Department of Archives and History and the FHL.
• Court of General Sessions of the Peace, Oyer and Terminer, Assize and General Gaol Delivery.
      This is the criminal court of South Carolina and is generally called the court of general sessions or court of assize. The court of general sessions was one of the functions of the grand council during most of the colonial period. Until 1772, the court of general sessions was held in Charleston; by 1772 courts of general sessions had been established in each of the circuit court districts (see Formation of Local Government), with records maintained in Charleston until 1785. Each of the counties within the circuit court districts formed in 1785 was authorized a court of common pleas. The counties in Beaufort, Charleston, and Georgetown districts did not function, and the counties in Orangeburgh District only functioned until about 1791. From 1785 until 1800, courts of general sessions operated at both the county and district level; extant records of both must be examined. When districts (counties) were formed in 1800, each was authorized its own court of general sessions.
• Court of Ordinary
      During the colonial period, the governor acted as ordinary for the province of South Carolina, with power to grant probates and administrations; the secretary of the colony also began acting as an ordinary by 1692. Courts of ordinary were established in the circuit court districts in 1781 and in functioning counties within the circuit districts in 1787. When districts (counties) were formed in 1800, each was authorized its own court of ordinary. In 1868, the court of ordinary was combined with the court of equity (chancery) and became the court of probate.
      Circuit Courts (1769–1800). Circuit courts were established by the South Carolina Assembly in 1769. Each circuit court district (see Formation of Local Government) was authorized a clerk of common pleas for its court of common pleas and a clerk of the Crown for its court of general sessions. Records of the circuit courts were maintained in Charleston until 1785. When the circuit court districts were abolished in 1800, their records were transferred to the district (county) with the circuit court district seat.
      Precinct Courts. Precinct courts, also called county courts, were established in 1721. The five courts were held outside Charleston, and staffed by local justices of the peace who tried minor criminal cases and civil suits. There are no extant records for the precinct courts according to the South Carolina Department of Archives and History.
  County Courts. County courts were first established in 1785. The county courts were directed to maintain records of their proceedings, prove and record conveyances and renunciations of dower (see Land Records and Probate Records), license tavern-keepers, and levy taxes. Many county courts did not function until 1800, and others functioned only for a few years from 1785–91. When districts (counties) were established in 1800, the county court became the primary judicial body in the district, with three offices: the register of mesne conveyance (see Land Records); the court of common pleas; and the court of general sessions.

Many court records have been microfilmed and are available at the South Carolina Department of Archives and History and the FHL. Most libraries and archives with genealogical collections have some printed abstracts of court records.

Colonial Courts - Before 1769, proprietary and crown courts were convened at Charleston. These were known as the general court and the grand council. From 1769 to 1772, a circuit court system was begun. Beginning in 1703, there was also a court of common pleas. The court of general sessions was a statewide court from 1769. Equity jurisdiction was exercised by the court of chancery beginning in 1671.

Published Works for Colonial Courts - For more information about colonial court records, see AnneKing Gregorie’s Records of the Court of Chancery of South Carolina, 1671–1779 (Washington, D.C.: American Historical Association, 1950); CarolineT. Moore’s Records of the Secretary of the Province of South Carolina, 1692–1721 (Columbia, S.C.: R. L. Bryan Co, 1978); and MaryBondurant Warren’s South Carolina Jury Lists (Danielsville, Ga.: Heritage Papers, 1977) (1718 through 1783) .

State Courts - The court of general jurisdiction is the circuit court, which is known as the court of common pleas when handling civil cases and as the court of general sessions when handling criminal cases. Circuit courts, which have existed since around 1772, have jurisdiction over major civil and criminal cases. The court of common pleas was a statewide court from 1703 until 1790, when a common pleas court having jurisdiction over guardianships and civil matters was established for each district.

Courts of limited jurisdiction are family courts, magistrate courts, municipal courts, and probate courts. Family courts handle juvenile and domestic matters. Magistrates’ courts handle minor civil and criminal cases, and municipal courts also handle minor criminal cases. Probate jurisdiction is exercised by probate courts.

Other Early State Courts - The court of general sessions was a statewide court from 1769 until 1790, when a general sessions court having jurisdiction over criminal cases was established for each district. These courts continued until around 1798. From 1785 to 1798, county courts heard minor civil and criminal cases. Equity jurisdiction was exercised by the court of chancery from 1671 to the 1790s and by courts of equity from 1791 to 1900.

Published Works for State Courts - For more information about South Carolina’s courts, see George K. Schweitzer’s South Carolina Genealogical Research (Knoxville, Tenn.: the author, 1985) and Mary Bondurant’s “A Guide to South Carolina Court Records,” Family Puzzlers no. 791 (16 December 1982) (Danielsville, Ga: Heritage Papers). Many early court records have been published, such as Brent H. Holcomb’s Edgefield County, South Carolina, Minutes of the County Court, 1785–1795 (Easley, S.C.: Southern Historical Press, 1979).

South Dakota - The county court had original jurisdiction over all matters of probate, guardianship, and settlement of estate, as well as civil and criminal jurisdiction as may be conferred by law. The circuit courts held some case files, judgments, and depositions related to civil and criminal actions, naturalization records, and juror lists. In November 1972, the state's constitution covering the Judicial Department was amended to create a unified judicial system. All judges then became either circuit court judges or supreme court judges. This eliminated former county or district courts. Many of the counties simply left their old files with the clerk of the courts in the county. However, the state archives in Pierre have notified all counties that they can transfer their old files. A few South Dakota counties have turned over some of their court records to the state archives which also holds criminal dockets for Huron, Beadle County (1919-23); Jones County (1919-39); Mellette County (1912-57); and Minnehaha County (1890-96, 1923-73) with police dockets (1884-1909).

State Courts - The court of general jurisdiction in South Dakota is the circuit court. Circuit courts have jurisdiction in all cases except those few over which limited jurisdiction has been granted to other courts by the legislature.
The court of limited jurisdiction is the magistrate court. Magistrate courts hear some minor civil and criminal cases.

Other Early State Courts - Justices of the peace used to have countywide jurisdiction over minor civil and criminal cases. Municipal courts had citywide jurisdiction over minor civil and criminal cases. District county courts had countywide jurisdiction over misdemeanors, minor civil cases, probates, guardianships, and juvenile matters.

Published Works for State Courts - Ross H. Oviatt’s South Dakota Justice: The Judges and the System (Watertown, S.D.: Interstate Publishing Co., 1989) includes information on South Dakota’s judicial system.

Tennessee - There is no effective substitute for an on-site search of county courthouse records. County level records have not yet been centralized. No single county's records have been significantly abstracted or transcribed, making a courthouse visit essential. County records vary widely from county to county in both quality and quantity.

   Court records for Tennessee can be difficult to use. Indexes are seldom, if ever, complete. Names may be indexed under various letters of the alphabet, but not necessarily by the individual's name. A for adoptions or I for “in regards to” are examples. Mortgaged estates may be indexed under the name of the bank holding the lien or mortgage, such as B for Bank of Commerce. Records may be indexed by other than surname, for example, C for commissioners/commission, J for jury, and W for will. In cases where property is sold by the sheriff, records can be found under S for sheriff, who was ordered by the court to sell the property to settle the estate or for back taxes. S for state may indicate records in which the state was a party, such as state land grants recorded in court records.

Tennessee court records can be complicated to use because there were various courts in which activities could be recorded. Some larger counties have superior courts of law and equity that hear minor civil and equity cases. Probate records normally were under the jurisdiction of the county court, but if the case was contested, then it could be filed in chancery or circuit court. Chancery courts have jurisdiction over property disputes, and circuit courts oversee criminal cases, divorces, and adoptions. Early courts included courts of common pleas and quarter sessions.

Original court records, including minute and order books, boxes of loose papers, case files, and folders, are maintained by the county. Each source should be thoroughly examined for pertinent entries. Many of these were microfilmed and are available at the Tennessee State Library and Archives and through the FHL. 

Under the WPA, approximately 1,000 typed volumes of county records were transcribed for most counties in Tennessee. These are microfilmed and available on interlibrary loan from the Tennessee State Library and Archives. There is a card index inventory to this compilation arranged by county. Court records included in this collection are wills; county, chancery, and circuit court minutes; and estate settlements. The county court maintains jurisdiction over probate cases. Wills, administrations, and all other records pertaining to probate are recorded in the respective county clerk's office. If the will or administration was contested, the records of these actions may be filed in the circuit court or chancery court. Shelby and Davidson counties have separate probate courts.

Projects to preserve and microfilm probate files, or loose papers, were started in Franklin County in 1979 and in Shelby County in 1981. Microfilm copies are at the Tennessee State Library and Archives. Other counties are following this fine example of record preservation.

County courts also hear guardianship and minor civil and criminal cases. Court records date from the organization of the county except in cases where records have been destroyed. "

• DUTIES OF COUNTY CLERK - The County Clerk has many important functions within the county government. The County Clerk serves as clerk of the county legislative body, keeps the records of the county legislative body and sends required notices. The minutes of the county legislative body meetings are required to be promptly and fully recorded by the County Clerk and are open to public inspection.
  
  The County Clerk collects business taxes, handles motor vehicle registration and licensing and collects county wheel taxes. Also, the County Clerk issues marriage licenses, collects the state and any county privilege tax on marriage, and may solemnize a marriage. Since notaries public are elected by the county legislative body, the County Clerk keeps a record of the notaries public in the county and has duties involving coordination between the Office of Secretary of State and the notary applicant. County clerks have other miscellaneous licensing duties, including pawnbroker licensing, hunting and fishing licensing and others. In some counties, County Clerks serve as clerks of court, the most common of which are juvenile and probate court. The County Clerk's office receive fees for these services. Tennessee Code Annotated §8-21-701 is the basic County Clerk's fee statute.
  
  Since office management is an important aspect of the County Clerk's responsibilities, County Clerks should be familiar with both state and federal laws relating to personnel matters. Also, the County Clerk should have a basic understanding of potential liability, including both personal liability and county liability, and of the Tennessee Governmental Tort Liability Act. Every county official should be familiar with the conflict of interest and disclosure laws applicable to their offices.
• DUTIES OF CIRCUIT COURT CLERK - Court Clerks serve an important role in the operation of the court system in Tennessee. Clerks must attend each session of court with all the papers in the cases on the docket and must administer the oaths to parties and witnesses who testify in a case. Clerks usually keep minutes of the court in a well-bound book, but may keep this information in electronic format so long as certain rules relating to the safe-keeping of the records are followed. Because Court Clerks deal with voluminous paperwork, the storage and retention of documents are important considerations. When a case is appealed from a court of record, the Clerk compiles the record (papers) needed for the appeal, and it is extremely important that the records of the Clerk's office be well-organized and accurate.
  
  Clerks maintain the rule docket and an execution docket in which all court judgments or decrees are entered in order of rendition by the court and in which all receipts and disbursements in a case are entered. Clerks also maintain indexes for all books and dockets that are kept by the office.
  
  Clerks collect state and county litigation taxes, criminal injuries compensation tax, county expense fees, funds for the impaired driver's trust fund, Tennessee Bureau of Investigation fees, misdemeanant jail per diems, fines, sheriff's fees, clerk's fees, witness fees and other items of court costs. Clerks prepare bills of costs in cases, account for these monies and make collection efforts when these amounts are unpaid. Clerks may elect to use certain "flat fees" in lieu of itemizing the fees according to the clerk's fee statute, Tennessee Code Annotated § 8-21-401. Clerks maintain a cash journal (general ledger) to account for and summarize the cash transactions of the office and issue receipts for all collections.
  
  Clerks invest idle funds pursuant to Tennessee Code Annotated § 18-5-106, and often serve in a fiduciary capacity to invest funds held for third parties. Additionally, many Clerks conduct delinquent tax sales and other sales of property as ordered by the court. Clerks may collect support, including alimony and child support, pursuant to court order and the Tennessee Code Annotated.
  
  Since office management is an important aspect of the Court Clerk's responsibilities, the Clerk should have knowledge of personnel procedures and both state and federal laws. The Clerk should also have a basic understanding of potential liability, including both personal liability and county liability, and of the Tennessee Governmental Tort Liability Act. Every county official should be familiar with the conflict of interest and disclosure laws applicable to their offices.

State Courts - Courts of general jurisdiction in Tennessee are circuit courts and chancery courts. Circuit courts, which have existed since the early 1800s, have jurisdiction of all common law contract or tort cases where value exceeds fifty dollars. Chancery courts, which have also existed since the early 1800s, have general equity jurisdiction where value exceeds fifty dollars. Chancery courts also have concurrent jurisdiction with circuit courts over most other civil cases; they also now exercise probate jurisdiction (except in Shelby, Davidson, Gibson, and Dyer counties).

Courts of limited jurisdiction are law and equity courts, justice courts, general sessions courts, criminal courts, municipal courts, and probate courts. Law and equity courts exist only in Gibson, Dyer, Blount, and Montgomery counties, where they generally have both equity and law jurisdiction. Justice courts, which are presided over by justices of the peace, have jurisdiction in minor civil and criminal cases. Courts of general sessions have essentially the same jurisdiction as justice courts. Criminal courts, which exist in several parts of the state, are essentially branches of the circuit court that handle only criminal cases. Municipal courts handle cases involving violations of municipal ordinances. Probate courts exist only in Shelby and Davidson counties. In other counties, probate jurisdiction is exercised by the chancery court (except in Gibson and Dyer counties, where probate jurisdiction is exercised by the law and equity court).

Other Early State Courts - Tennessee has had various courts in the past. Some larger counties had superior courts of law and equity, which heard civil and equity cases until 1809. Probate cases normally were under the jurisdiction of the county court, which was made up of justices of the peace; however, contested probate cases could be handled by the chancery court. All probate jurisdiction, formerly vested in county courts, was in recent years transferred to chancery courts in most counties. Early courts also included courts of pleas and quarter sessions.

Published Works for State Courts - For more information about Tennessee courts, see Survey to Tennessee County Court Records, Prior to 1860, in the Second, Third and Fourth Districts (Nashville: Historical Records Survey, 1943), and Henry R. Gibson’s Gibson’s Suits in Chancery, 3rd ed. (Cleveland: Baldwin Law Book Co., 1929). Some county, circuit, and chancery court records are abstracted in Majorie Hood Fischer, comp., Tennessee Tidbits, 1778–1914, 2 vols. (vol. 1, Easley, S.C.: Southern Historical Press, 1986; vol. 2, Vista, Calif.: RAM Press, 1988).

Texas - Court names and jurisdictions in Texas changed over time. The history of Texas court records with dates and jurisdictions is more thoroughly outlined in the Kennedys' Genealogical Records in Texas than can be done here. Although English common law is the basis for the court system in Texas, modifications are allowed as dictated by situations. These were usually changes based upon Spanish law which proved beneficial to settlers.

From 1836 through 1891 the highest court, the state's Supreme Court, heard only appellate cases and functioned as a circuit court, holding hearings in Austin, Galveston, and Tyler for three-month sessions, annually. Supreme court records from 1838 to 1940, including litigants' records in appellate civil and criminal cases, are housed in the Archives Division of Texas State Library.

In 1891 the Court of Criminal Appeals was established to hear criminal cases thereby reducing the case load of the Supreme Court to hear only appeals of civil disputes. The Supreme Court Record Group, held in the Archives Division of the Texas State Library, contains approximately 4,500 cases. Unfortunately a large number of files for 1840-53 are lost. Records available include case files, dockets, minute books, and opinions. Published opinions are available for all years except 1844-45. It is best to check the published records available at the archives division covering the periods 1840-44 and 1846-1963 with a direct and reverse card index to the case file numbers for the period 1836-1893. For phone or correspondence requests the Archives' staff will check the card index and case file if the case file number is referenced in the card index or can be furnished. Some original records are too delicate to be copied.

The county Commissioners Court conducts the daily business for each county, among other duties, setting tax rates and county budgets for such categories as schools, roads and the poor. The county clerk serves as the clerk to the Commissioners Court. A large number of records about the daily lives of county residents are kept, as a result, by the county clerk. In counties with less than 8,000 population one recorder/clerk serves Commissioners Court and both county and district courts.

County courts operated from 1836, but were abolished, temporarily, in 1869. Their jurisdiction was transferred to district courts until 1876 when county courts were reinstated. County Courts hear most misdemeanor, civil, probate, and guardianship cases, all recorded by the county clerk, along with other instruments such as cattle brands, deeds, and marriage licenses. Naturalization records are found, prior to 1906, in county court records.

District Courts, one for each county, are the principal trial courts in Texas and serve as the court of appeal in probate matters (from County Court) and for the Commissioners Court. District courts have original jurisdiction in felonies, divorce, land title, name changes, and after 1931—adoption. In the 1890s separate divorce minutes appeared. After 1906 the district court continued to handle naturalization matters.

Justice of the peace courts, often called “Poor Man's Court,” were established in 1845. They handle civil and criminal matters under $200 and issue warrants and writs. In towns of 2,500 or less, these courts act as registrar of vital statistics.

As a result of the destruction of records in the adjutant general's office when it burned in 1855, a Court of Claims was established from 1856 to 1861 to hear cases against the republic and state for claims of money or land. Approximately two-thirds of the applicants' cases were denied. The Old and New “Dockets” list applications. Court approved records relating to nearly 4,500 headright certificates, over 2,000 bounty warrants, more than 650 donation certificates, almost 500 scrip certificates and rejected claims are deposited in the General Land Office.

State Courts - The court of general jurisdiction in Texas is the district court. District courts, which have existed since the 1800s, generally have jurisdiction over all major civil and criminal cases.

Courts of limited jurisdiction are county courts, municipal courts, justice of the peace courts, and probate courts. County courts, which also have existed since the 1800s, have jurisdiction in minor civil and criminal cases, as well as probate jurisdiction in all counties (except a few larger counties where special probate courts have been created). In a few counties, the jurisdiction of county courts is limited to probate matters. Municipal courts have jurisdiction over minor criminal cases. Justice of the peace courts, established in 1845, handle minor civil and criminal cases.

Other Early State Courts - Court names and jurisdictions in Texas have changed over time. Commissioners’ courts, which have existed since at least 1837, are now administrative bodies for Texas counties. The commissioners’ courts used to have some judicial functions; their court records often include records of other courts, such as county courts.

Published Works for State Courts - Hans Peter Nielson Gammel, ed., Gammel’s Laws of Texas (Austin, Tex.: Austin Printing Co., 1905) includes information about some early county legal records. Helen M. Lu and Gwen B. Neumann’s First Half Dozen Years: Dallas County, Texas, As Seen Through the Commissioners’ Court Minutes (Dallas, Tex.: the authors, 1982) contains some early court records of the Commissioner’s Court of Dallas County, Texas.

Utah - In the first years of settlement, an L.D.S. Bishops Court system operated within the L.D.S. church structure maintaining jurisdiction over criminal and civil cases for those residents in a particular ward of the church. County courts were created in 1849, overseeing civil and criminal cases involving more that $100 until Utah became a territory in 1851 when that court was replaced by the county probate court. Justice of the peace courts where established at the same time (1849) for cases involving less than $100 (changed to $300 in 1874), but continue operate today. When the county probate courts ceased to exist in 1874, civil and criminal matters and probate matters were transferred to the federally operated territorial district court which had held concurrent jurisdiction with the county probate court since 1852. Concurrent jurisdiction was a result of conflicts between the federal government and local citizens as to who should have legal jurisdiction. For a discussion of court records in Utah, see Jaussi and Chaston (1974), described in Background Sources and James B. Allen, “The Unusual Jurisdiction of County Probate Courts in the Territory of Utah,” Utah Historical Quarterly 36 (Spring 1968): 132-42. See also an information brochure on court records available from the Utah State Archives for a compressed history of court records.

With statehood in 1896, a uniform state-wide district court system took over civil and criminal matters as well as probate matters. There are voluminous court records available, but not indexed, on microfilm at the Utah State Archives. Included in their holdings are quite a few miners' courts records, which frequently served the function of a county clerk in registering and transferring claims. Other historical materials on mining camps can be found at the Utah Historical Society.

State Courts - The court of general jurisdiction in Utah is the district court. District courts have jurisdiction over most civil and criminal cases and probate matters.

Courts of limited jurisdiction are circuit courts and justices’ courts. Circuit courts have jurisdiction over minor civil and criminal cases; however, some circuit courts have recently become district courts, and all of the remaining circuit courts will become district courts no later than 1998. Justices’ courts handle small claims and violations of certain misdemeanors. State district courts have existed since Utah became a state in 1896. Justice of the peace courts have also existed since 1896. Circuit courts, which are in the process of becoming district courts, were first created in 1977.

Other Early State Courts - Although the ecclesiastical era officially ended in 1849, church courts of The Church of Jesus Christ of Latter-day Saints (LDS church) handled some civil and criminal cases from 1847 until around 1890 (until 1910 in some southern Utah communities). From 1851 to 1896, Federal district courts had jurisdiction over major criminal and civil cases. The responsibilities of the Federal district courts were transferred in 1896 to the state district courts. County probate courts were created in 1850 and abolished in 1896. From 1906 to 1977, city courts had jurisdiction in minor civil and criminal cases. They were replaced by circuit courts in 1977.

Published Works for State Courts - For more information on Utah courts, see Douglas S. Beckstead’s The Judicial System in Utah: Organic Act to the Twentieth Century (Salt Lake City: Utah State Archives, 1988).

Vermont - Historically, the major purpose of the county system in Vermont was the operation of the county courts, which recorded deeds for unorganized towns, levied county taxes, heard civil and criminal matters, and granted divorces and naturalizations.

Before Vermont became independent (1777), New York and New Hampshire both claimed some county jurisdiction over Vermont land. For this reason, New York and New Hampshire records must be consulted even up to 1791.

Beginning in 1777, each county had one county court which heard both civil and criminal matters. The state supreme court served an appellate function. In 1967 district courts were added, covering territorial units within the counties. District court jurisdiction is not exclusively over criminal cases; it may also hear some civil cases. In 1974, the county courts were renamed superior courts, with countywide jurisdiction over all matters previously entertained by the county courts and not covered by district courts. Beginning in 1990, the superior court functions involving family matters (divorce, child custody, etc.) were transferred to one statewide family court with divisions of that court operating in each of the counties.

The Vermont Public Records Division now has microfilms of county court records for Bennington, Chittenden, and Windsor counties before 1825, with the only index available typed alphabetically by plaintiff for each book. The Division is continuing the microfilming of all the county court records and has completed Addison and Washington counties, although no comparable index exists for these. All of the originals will still be found in the county court offices, although using them is tedious work. Debts are the major subject of litigation in the courts.

State Courts - The court of general jurisdiction in Vermont is the superior court. Superior courts, sometimes called county courts, have existed in Vermont since 1777. Superior courts have jurisdiction over major civil and criminal cases.

Courts of limited jurisdiction are district courts, family courts, and probate courts. District courts handle minor civil and criminal cases. Family courts handle divorces and juvenile and other domestic matters. Probate jurisdiction is exercised by probate courts.

Other Early State Courts - From 1786 until the modern era, justice courts had jurisdiction over civil and criminal cases. As other courts were created, the jurisdiction of justice courts was reduced. Other early courts included courts of common pleas, courts of quarter sessions, courts of chancery, and municipal courts.

Published Works for State Courts - Some early court records were published in The Upper Connecticut: Narratives of Its Settlement and Its Part in the American Revolution (Montpelier: Vermont Historical Society, 1943).

Virginia - Most courts in America are courts of record, that is, they are required by law to keep a record of their proceedings. Virginia courts are no exception.

• County Court (1619–1902) County courts were the court of record used by most Virginians. In 1904, county courts ceased to exist, and their functions were taken over by the circuit courts.
  County courts were established as the monthly court in the Great Charter of 1618. The monthly court was held in different precincts and heard petty civil and criminal cases. It served two primary functions: (1) it relieved the president and council of part of their duties as justices, and (2) it brought justice closer to all Virginians. When the eight original shires were formed in 1634, the monthly court was redesignated the court of shire, and by 1642 was called the county court. The county court was required to meet at least six times per year.
  The justices, first known as commissioners, were appointed by the governor; in 1662 they were called justices of the peace. The court generally included eight to ten justices, with four justices appointed to the quorum. One member of the quorum in company with three other justices was sufficient to make up a valid court.
  The county court also sat in special terms. These were well publicized meetings of the court for specific functions. The orphans' court, begun in 1642, reviewed annual accounts of orphans' estates and ensured that guardians did not waste the estates or mistreat the orphans. Apprentices could appeal to the orphans' court in cases of mistreatment or failure of masters to live up to their contracts. The court of claim was a special session for the county's citizens to present monetary claims against the county before the levy was laid. Beginning in 1645, the county court also sat as a court of probate, granting certificates of probate and administration, ordering inventories and appraisements, and settling estates.
• President and Council (1607–19) Until 1619, the president and members of the council heard and decided all civil and criminal cases in Virginia. Unfortunately, record of their proceedings has not survived. Once monthly courts were established in 1619, the president and council began to hear appeals of criminal and civil decisions made by those courts.
•  Quarter Court (1619–61) Starting in 1619, the president and council, and later the governor and council, sat as a quarter court in March, June, September, and December to handle major civil cases, chancery, and appellate matters. When they met in other months, they met as the Council. The quarter court was designated the general court in 1661.
• General Court (1661–1851) This court had the responsibility of hearing county court appeals, major civil cases, capital crimes, and probate matters until 1851. Two other courts were established during the general court's existence: (1) the high court of chancery, and (2) district courts. The high court of chancery took over appellate functions in county court chancery cases in 1777, and district courts took over appellate functions in county court common law cases in 1789.
    The judges of the general court also sat on the district courts. They spent much of their time in the lower court until 1814, when the general court was made the supreme criminal tribunal in Virginia. The general court was abolished by the 1851 state constitution, and its functions were transferred to the supreme court of appeals.
• Supreme Court of Appeals (1779–present) Since the supreme court of appeals was created in 1779, it has had final jurisdiction in all civil cases. It has been the state's only court of final appeals since the general court was abolished in 1851.
• High Court of Chancery (1777–1802) At its creation in 1777, the high court of chancery assumed jurisdiction over all chancery cases in the state. It was abolished in 1802 and replaced by the superior courts of chancery.
• Superior Courts of Chancery (1802–31) Originally, there were three chancery districts, with superior courts of chancery in Staunton, Richmond, and Williamsburg. Additional districts were added including Wythe County, Winchester, and Clarksburg in 1812, and Greenbrier County and Lynchburg in 1814. The Superior Courts of Chancery were abolished in 1831 and replaced by the nearest county's circuit superior court of law and chancery.
• District Courts (1789–1808) In 1789 Virginia was divided into eighteen districts, each including several counties. Courts were held twice each year, always in the same location. District courts were replaced by the superior courts of law in 1808.
    The eighteen district courts were held at the courthouses in Charlottesville, Fredericksburg, Richmond, Wiliamsburg, Suffolk, Winchester, Staunton, Dumfries, Petersburg, and possibly others.
• Superior Courts of Law (1808–31) Created in 1808, these courts met twice a year in each county and took over the functions of the district courts. They were sometimes called circuit courts because a general court judge rode a circuit throughout his district to hold these courts. They were replaced in 1831 by the circuit superior courts of law and chancery.
• Circuit Superior Courts of Law and Chancery (1831–51) These courts were organized like the superior courts of law; sessions were held twice a year by a general court judge who rode a circuit. They assumed the functions of the superior courts of law and the superior courts of chancery. The state constitution of 1851 abolished these courts and replaced them with circuit courts.
• Circuit Courts (1852–present) Courts were held twice a year in each county, and records were filed with the county. Originally, there were twenty-one judges who rode circuits to hold these courts. The state constitution of 1902 did not include provisions for continuing county courts, and circuit courts took over their functions. The circuit courts are now the only court of record in Virginia's counties.

Original court records are housed at The Library of Virginia; pre-1865 records are available on microfilm there and at the FHL. While it is always best to rely upon original documents for research, the condition of original court records varies considerably: some are still firmly bound and easy to read, some are faded and crumbling, some are torn or have missing pages, some have been restored through lamination, and many have been destroyed or lost. Because of these circumstances, printed transcripts can prove invaluable to the researcher who knows their limitations and uses them wisely.

• County Court Order Books - County court order books or minute books have survived for many Virginia counties. They record all matters brought before the court when it was in session and may contain important information not found anywhere else. Generally minute books contain brief entries, while order books provide synopses of cases in a neater, more organized form. These volumes are sometimes internally indexed; more rarely, there is a comprehensive index.  A wide variety of information is found in order books including: appointments of county and militia officers, records of legal disputes heard before the county court, appointments of guardians, apprenticeship of children by the overseers of the poor, naturalizations, road orders, and registrations of free Negroes.
• Guardianship /Fiduciary Books - When an individual acts as a trustee for another, the relationship is described as a fiduciary one. The protection of inherited property (both real and personal) was an important reason for the creation of court records. When minor children survived a parent, a guardian was often appointed to protect the estate for the children.  Appointments of guardians are recorded in the county court order books.  In the index, the guardian appointments may be listed in the name of the orphan, the name of the guardian, or under the general category "orphans."
• A guardian was appointed by the court only if there was an estate to protect. At age thirteen, a child was eligible to go into court and choose his own guardian. Poor orphaned children did not have guardians and were bound out to learn a trade. In the colonial period, this was handled by the vestry of each Anglican parish. After disestablishment, the orphans were bound out by the overseers of the poor for the county. Records of apprenticeship are found in the county court order books.
• Periodically guardians were required to bring estate accounts into court.  These were often recorded in volumes known as guardians accounts. The estate of a deceased person with minor children required the keeping of records (estate or fiduciary) until it was settled. This occurred when the last minor child married or arrived at legal age. Records of this sort are found in will books, estate account books, and fiduciary or audit books.
• Availability of Records for Research - In many cases, the original record books and loose papers (suit papers) have remained in the locality where they were created and are kept in the office of the circuit court clerk. Microfilm copies of extant record books are available at the Library of Virginia from the date of the formation of the county or city to approximately 1865, along with a growing collection of post-Civil War holdings. A Guide to Virginia County and City Records On Microfilm may be found on the Library's Web site.   Microfilm copies are also available through interlibrary loan.

Colonial Courts - From 1607 until 1618, the colonial governor and his council heard and decided all civil and criminal cases in Virginia. Once county courts were established in 1618, the governor and council began to hear appeals of decisions made by those courts. County courts, which were called monthly courts from around 1618 to 1634 and were later called courts of the shire, heard minor civil and criminal cases as well as probate and guardianship matters. Starting in 1618, as well, quarter courts began to meet in March, June, September, and December to handle major civil cases, capital crimes, chancery, and appellate matters. The quarter court’s name was changed to the general court in 1661, and it was assigned the responsibility of hearing county court appeals as well as major civil cases, capital crimes, and probate matters.

Published Works for Colonial Courts - Most of the early council and general court records have been lost or destroyed. A few surviving records have been published. One collection containing some colonial Virginia court records is Beverley Fleet’s Virginia Colonial Abstracts (Baltimore: Genealogical Publishing Co., 1988). Published abstracts of court records for many counties have been completed by private publishers. A good example of an extensive work on a county basis is Lyman Chalkley’s Chronicles of the Scots-Irish Settlement in Virginia: Extracted from the Original Court Records of Augusta County, 1754–1800, 3 vols. (1912; reprint; Baltimore: Genealogical Publishing Co., 1980).

State Courts - The court of general jurisdiction in Virginia is the circuit court. Circuit courts, which have existed since the early 1800s, are the major trial courts in Virginia; they have jurisdiction over most civil and criminal cases.

Courts of limited jurisdiction are general district courts and juvenile and domestic relations district courts. General district courts, not to be confused with the early district courts that were abolished in the early 1800s, have jurisdiction over minor civil and criminal cases. Juvenile and domestic relations district courts handle juvenile matters and limited domestic relations matters.

Other Early State Courts - From the early colonial period until 1902, county courts (called monthly courts from around 1618 to 1634 and later called courts of the shire) handled minor civil and criminal cases, as well as probate matters. Their jurisdiction was assumed by the circuit superior courts of law and chancery in 1902. From the colonial period until 1851, the general court had jurisdiction over major civil and criminal cases and some probate matters. From 1788 until around 1809 there were district courts, which handled civil and criminal cases. These courts were replaced by circuit superior courts of law from 1809 to 1831. Superior courts of chancery, which exercised equity jurisdiction, existed from 1802 until 1831. Circuit superior courts of law and chancery replaced both superior courts of chancery and circuit superior courts of law; in 1902, they also assumed the duties of county courts.

Published Works for State Courts - Many Virginia court records have been published. Examples are Lyman Chalkley’s Chronicles of the Scots-Irish Settlement in Virginia: Extracted from the Original Court Records of Augusta County, 1754–1800, 3 vols. (1912; reprint; Baltimore: Genealogical Publishing Co., 1980), Weynette Parks Haun’s Surry County, Virginia, Court Records (Durham, N.C.: the author, n.d.), and Eliza Timberlake Davis’s Surry County Records, Surry County, Virginia (Baltimore: Genealogical Publishing Co., 1980).

• Virginia County Records, Volume VI, Volume VII and Volume IX
• Virginia Huguenot Refugees, 1700
• Virginia Immigrants, 1623-66

Washington - Territorial - The Organic Act of 1853, which created Washington Territory, also established a judicial system. Judicial power was vested in the supreme court, district court, probate court (see above), and justice court.

An excellent guide and index to territorial court records is Frontier Justice: Abstracts and Indexes to the Records of the Territorial District Courts, 1853-1889 (Olympia, Wash.: Secretary of State, Division of Archives and Records Management, 1987).

Washington Territory was divided into three judicial districts: eastern Washington was assigned to the First Judicial District, southwestern Washington to the second, and northwestern Washington to the third. In 1886 the Fourth Judicial District was created for the central Washington area.

The three District Court Justices (four after 1886) sat as the Supreme Court for Washington Territory. The Supreme Court heard all appeals from the District Court. The Supreme Court met annually in Olympia at a time set by the Territorial Legislature. Cases from the Supreme Court could be appealed to the U.S. Supreme Court.

The Washington State Archives has published a guide to Territorial Supreme Court records entitled Guide to the Records of the Washington Territorial Supreme Court, 1853-1889 (Olympia: Secretary of State, Division of Archives and Records Management, n.d.). This publication lists all cases considered by the Territorial Supreme Court, including an index to the names of plaintiff and defendant.

The district court had original jurisdiction in all cases arising under the U.S. Constitution and the laws of Washington Territory. This court heard cases in Chancery (Equity) and Admiralty. Admiralty cases related to offenses committed on the seas and disputes relating to maritime matters. The district court heard divorce cases until 1864 when the Territorial Legislature could grant legislative divorces as well. Documents filed with the district court include naturalizations, admission to the bar, and appointments and bonds of officials. The district court had appellate jurisdiction over probate (see Probate Records) and justice courts.

The justice court set up new counties and provided for the establishment of probate and justice courts. The justice court heard petty criminal and civil cases, where less than $100 in debt or damages was involved. Justices of the peace often heard the original complaint in a case and then referred the case to the district court due to lack of jurisdiction.

Researchers should first contact the state archives in Olympia or a regional branch to locate territorial court records. Many have been microfilmed.

State - The Washington State court system is divided into the Supreme Court, Superior Courts, and District Courts.

The Supreme Court at Olympia exercises statewide geographic jurisdiction. The Supreme Court has final appellate jurisdiction by review of cases from the superior courts. The court determines cases involving constitutional matters, matters of public interest, and those challenging the rule of law.

The Superior Courts, of which there are twenty-eight, are the only trial courts record in the state. They have unlimited jurisdiction. These courts have original jurisdiction over such matters as criminal cases which includes felonies, misdemeanors, all juvenile matters, and appellate jurisdiction in cases from courts of limited jurisdiction. Superior court cases may be appealed to the Supreme Court. Jury trials are available in all cases. Many superior court records are available on microfilm at the Washington State Archives.

Probate records are under the jurisdiction of the superior court and many are available at the appropriate county courthouses, the state archives, or one of the branch archives.

The District Courts, of which there are sixty-two, have limited jurisdiction in criminal cases concurrent with the superior courts regarding all misdemeanors and preliminary hearings for felony cases. Jury trials are available in both civil and criminal cases. Appeals are to the superior courts. The present district courts are not courts of record, and few archival records are held.

State Courts - The court of general jurisdiction in the state of Washington is the superior court. Superior courts have jurisdiction over most civil and criminal cases, including probate matters.

Courts of limited jurisdiction are district courts and municipal courts. District courts have jurisdiction over some minor civil and criminal cases.

Other Early State Courts - In Washington Territory, the trial courts were district courts, probate courts, and justice courts. Probate courts were the primary courts for probate matters until 1891, when this responsibility was assumed by the superior courts. In some areas, the probate court had concurrent civil and criminal jurisdiction with the district courts.

Published Works for State Courts - For more information on territorial court records, see Frontier Justice: Abstracts and Indexes to the Records of the Territorial District Courts, 1853–1889 (Olympia, Wash.: Secretary of State, Division of Archives and Records Management, 1987).

West Virginia - Since West Virginia was a part of Virginia until 1863, its court system matches that of the parent state. The Historical Records Survey Collection on microfilm at the West Virginia and Regional History Collection and the FHL includes court minutes and order books. Usually intermingled in court records, particularly those for the county's circuit court, are naturalizations, emancipation records for blacks, school commissioners' reports, and cattle brands.

State Courts - The court of general jurisdiction in West Virginia is the circuit court. Circuit courts, which have existed since 1852, have jurisdiction of most civil and criminal cases.

Courts of limited jurisdiction are county magistrates’ courts, county commissions, and municipal courts; however, probate jurisdiction is exercised by county commissions (sometimes called county courts). County magistrates’ courts handle minor civil and criminal cases, and municipal courts handle violations of misdemeanors.

Other Early State Courts - West Virginia was part of Virginia until 1863 and had the same courts until then. After 1863, statutory courts were created at various times by special acts of the state legislature. The jurisdictions of these courts varied but generally included limited jurisdiction of civil and criminal cases. They existed in various counties (usually the most populous) under different names, such as criminal courts, intermediate courts, or common pleas courts. Justice courts, which existed from 1863 to the modern era, had jurisdiction over minor criminal and civil cases.

Published Works for State Courts - For court records involving settlers of West Virginia, see Lyman Chalkley’s Chronicles of the Scotch-Irish Settlement of Virginia (1912; reprint; Baltimore: Genealogical Publishing Co., 1980). Early court records for the area which became West Virginia are printed in Richard Williams Loveless’s Records of the District of West Augusta, Ohio County, and Yohogania County, Virginia; District of West Augusta, Minutes of the Court (1775–1776); Deeds (1775–1776); Ohio County Minutes of the Court (1777–1780); Yohogania County, Minutes of the Court (1777–1780); Wills (1776–1780) (Columbus, Ohio: State University Printing Department, 1970).

Wisconsin - The Northwest Ordinance provided a flexible framework of government that operated in the region until Wisconsin Territory was formed in 1836. Government control over the area of Wisconsin was, however, minimal during the territorial periods. Civil law at the wilderness outposts of Prairie du Chien and Green Bay was difficult, if not impossible. Travel was dangerous, literate citizens were few and far between, and the upper Mississippi fur-trading frontier seemed somewhat capable of governing itself.

Beginning in the 1820s justices of the peace were appointed. Early records from Green Bay's justices of the peace can be found in the Grignon, Lawe, and Porlier Papers, 1712–1884, at the State Historical Society of Wisconsin.

Lewis Cass, who had been appointed governor of Michigan Territory in 1813, began making county divisions and announcing civil offices in 1818. The justice courts dealt with minor civil cases of $20 or less. County courts covered civil cases not to exceed $1,000 and noncapital criminal cases. The supreme court, meeting annually in Detroit, had jurisdiction for larger civil cases, appeals from lower courts, and capital criminal cases. In the winter of 1822–23, a separate circuit court was established for the three western counties of Michigan Territory. The new court was, in effect, a supreme court. It was not given a title, however, and was generally called an “additional court.” Native Americans accused of crimes were not included in the jurisdiction of the court unless a white person was involved.

When Wisconsin Territory was created in 1836 the judicial system included a supreme court, district courts, probate courts, and justice of the peace courts, which were retained when statehood was attained in 1848. There were territorial courts in Green Bay, Prairie du Chien, and Mineral Point.

County Government in Wisconsin, Vol. 2 (Madison, Wis.: Wisconsin Historical Records Survey, 1942), explains the creation, structure, and function of courts in Wisconsin. Probate and related files can be found in the county courts, while criminal and civil cases are in the circuit courts. Old court records are generally still located in the county's courthouse.

State Courts - The court of general jurisdiction in Wisconsin is the circuit court. Circuit courts, which have existed since the 1800s, have jurisdiction in almost all civil and criminal cases (including all probate matters).
The court of limited jurisdiction is the municipal court. Municipal courts, which have existed since 1836, have citywide jurisdiction over misdemeanors and ordinance violations.

Other Early State Courts - Justices of the peace were first appointed in 1803. In 1818, the justices’ courts dealt with minor civil cases of twenty dollars or less, and county courts covered civil cases not to exceed one thousand dollars and non-capital criminal cases. When Wisconsin Territory was created in 1836, the judicial system included district courts, probate courts, and justice of the peace courts, which were retained when statehood was attained in 1848. Justices of the peace were not abolished until the modern era. Federal and territorial courts handled many early court cases. From 1848 to the modern era, county courts had countywide jurisdiction concurrently with circuit courts for some criminal and civil cases, and exclusive jurisdiction for probate matters.

Published Works for State Courts - David J. Delgado’s Guide to the Wisconsin State Archives (Madison: State Historical Society of Wisconsin, 1966) includes information on court records. Some of the territorial court records have been published.

Wyoming - The judicial system in Wyoming was set up in 1868 with a supreme court, which performed the duties of an appellate court. It could hold trials in one of the three judicial districts of the territory. In 1869, women in Wyoming Territory were given the right to vote and, therefore, could become jurists. With statehood the court system developed into three major courts: district courts, justice of the peace courts, and the supreme court. District courts are county-wide courts with jurisdiction over civil cases, including criminal cases, divorces, probate matters, and some appeals. The justice of the peace courts are county-wide courts with jurisdiction over minor actions and misdemeanors. The supreme court continues to be the statewide appellate court.

Most Wyoming court records are on file either at the Wyoming State Archives or at the local courthouse.

State Courts - The court of general jurisdiction in Wyoming is the district court. District courts have jurisdiction over most civil and criminal cases, including divorces and probate matters.

Courts of limited jurisdiction are county courts, justice courts, and municipal courts. Justice of the peace courts have jurisdiction over minor civil cases and misdemeanors. In some counties, county courts have replaced justice courts and exercise the jurisdictions previously exercised by justice of the peace courts. Municipal courts handle cases involving violations of municipal ordinances.

Other Early State Courts - At the time of statehood in 1890, district courts and justice of the peace courts became the state trial courts in Wyoming.