Understanding Civil Court Records in New York

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Civil court records in New York encompass non-criminal cases. New York Courts follow the Uniform Rules of the Trial Courts in processing all civil filings, including contracts, torts, family law matters, small claims, landlord-tenant disputes, property disputes, probate, and estate matters. These cases are brought to the courts by individuals, businesses, and government entities. Civil court records are public under Section 255 of the Judiciary Law, rather than the New York Freedom of Information Law (FOIL).

Civil Court Record Statistics Reported by New York Courts

Data from the New York State Paid Trial Court Caseload Trends Dashboard show that in 2024, civil case activity remained high, with approximately 1,511,470 filings, 1,566,877 dispositions, 758,351 cases pending, and 13,422 new trials initiated. Below is a breakdown of some civil caseloads in trial courts the same year by case type:

Case Type

Civil Case Filing

Civil Case Dispositions

Pending Civil Case

Probate

40,060

43,242

15,341

Small Claim

28,379

33,518

 

Civil Matter

388,140

393,133

195,918

Divorce

48,757

53,185

24,542

Tort

70,395

68,216

162,370

Estates

20,241

22,975

10,280

Child Custody/Visitation

154,007

155,500

64,736

How Civil Records Differ from Criminal Records in New York

Civil and criminal records serve different legal functions in New York. Record seekers may find documents related to non-criminal disputes in civil records, but those concerning violations of criminal laws are typically found in criminal records. Civil records often contain filings, motions, judgments, and settlements, while criminal records include arrest reports, indictments, court dispositions, and inmate details.

The table below shows the differences between civil and criminal records in New York:

Category

Civil Record

Criminal Record

Purpose

Resolve disputes, enforce rights

Prosecute and punish offenses

Case Titles

Plaintiff v. Defendant

State of New York v. Defendant

Case Types

Torts, property disputes, family law, contracts, and small claims

Traffic offenses, misdemeanors, and felonies

Potential Outcome

Awarding damages, injunctions, and enforcing rights

Fines, incarceration, community service, and probation

Documentation

Filings, motions, judgments

Arrests, charges, convictions

Public Access

Generally public

Generally public, with more restrictions

Structure of the Civil Court System in New York

The New York trial court system consists of Supreme Courts, Family Courts, Surrogate's Courts, Civil Courts of the City of New York, District Courts, City Courts, Town Courts, Village Courts, and the Court of Claims. Most civil cases are decided at these trial courts, but people occasionally ask a higher court to reconsider their case. Appellate courts handle civil appeals.

The table below shows the courts within the Civil Court Structure that handle civil filings:

Court

Type of Civil Cases

Supreme Courts

Divorce, civil matters involving higher dollar amounts, separation, and annulment proceedings

Family Courts

Children and family cases, including adoption, guardianship, child abuse and neglect, family violence, foster care approval and review, and child support, custody, and visitation.

Surrogate Courts

Hears cases relating to adoption and deceased persons, including the validity of wills and estate administrations.

Civil Courts of the City of New York

Handles civil claims for damages up to $50,000, small claims (up to $10,000), and landlord-tenant matters.

District Courts

Civil suits involving claims up to $15,000.

City Courts

Civil suits involving claims up to $15,000, small claims (up to $5,000), and landlord-tenant matters.

Town and Village Courts

Hear civil suits where the monetary compensation does not exceed $3,000.

Court of Claims

Has exclusive authority over civil lawsuits against the State of New York and certain state-related entities.

Public Access to Civil Court Documents in New York

All civil judicial proceedings are presumptively open to the public under Section 255 of the Judiciary Law, not the New York Freedom of Information Law (FOIL). A fee must accompany a request for civil court records. Clerks are required to conduct a diligent search of civil records after receiving the payment. However, they may limit access to some civil court documents where the interest in confidentiality outweighs the public interest in disclosure. Examples of such confidential civil court records are:

  • Family court records
  • Adoption proceedings
  • Child custody and visitation
  • Tenant evictions after foreclosure
  • Information in Matrimonial Proceedings
  • Mental competency proceedings

How to Lookup New York Civil Court Records

The public may search civil court records in New York through the following methods:

  • Online search portals

Residents may access active and closed civil court cases for free through the eCourts database. This database includes several specialized portals that organize case information by court type. For instance, individuals searching for civil court records from the City, District, or New York City Civil Courts should use the WebCivil Local portal. Records maintained by the Supreme Courts may be found through WebCivil Supreme, while cases handled by the Family Courts are accessible via the WebFamily portal. The search criteria are index number, party name, file number, case docket number, attorney/firm name, or judge/justice.

Individuals may also access civil court documents e-filed in NYSCEF (New York State Courts Electronic Filing) using the E-filed Case Records site. Click on the Search as Guest button and conduct a search by case identifier, name, or new cases.

  • By mail

Some New York courts permit civil court records requests by mail. They have designated copy request forms on their websites that must be completed and submitted to the courthouse, along with the necessary copying fees. To facilitate the search process, record seekers must provide sufficient information that would help the clerk identify the specific records they seek.

  • In-person

New York residents may appear in person at the County Clerk's office or Clerk of the Court's office, during regular business hours, to inspect publicly available civil court records. They may use the public photocopiers at the courthouse to obtain copies of documents at a lower per-page cost. Those seeking the assistance of the Clerk in making copies of civil court records would have to pay a fee as reflected in CPLR § 8019(f).

Types of Civil Cases Filed in New York Courts

Below is a list and description of the most common civil case types filed in New York:

  • Family law: Cases involving child custody, adoption, child visitation, guardianship, child abuse and neglect, family violence, and child support. These cases are heard in Family Courts.
  • Contract disputes: Civil lawsuit where a person alleges that someone has failed to fulfill their obligations under a legally binding agreement. Large or complex contract disputes are filed with the Supreme Court, and claims up to $15,000 are filed with the District or City Courts.
  • Torts: These are civil lawsuits involving a personal injury claim. Torts are heard in the Supreme Courts, the Court of Claims (for torts against the State of New York), and the Civil Courts of the City of New York.
  • Property disputes: These are cases involving partition, mortgage and tax foreclosures, tax certiorari, condemnation (eminent domain), and other real property matters. The Supreme Courts handle general property disputes, but more minor civil or residential property issues are heard in the District and City Courts.
  • Landlord-tenant matters: These are disputes from the rental or lease of property between a property owner and a renter. Examples are evictions, nonpayment of rent, and lease violations. Landlord-tenant disputes are heard in City Courts and Civil Courts of the City of New York.
  • Probate and estates: Cases involving will validation and appointing someone as the administrator of a deceased person's estate. Probate and estate cases are heard in Surrogate Courts.
  • Small claims: Lawsuits up to a certain monetary amount between individual people. City courts handle small claims up to $5,000, while civil courts of the city of New York hear small claims up to $10,000.

Information Captured in New York Civil Court Files

Civil case files contain both the documents filed by the parties involved in a civil proceeding and those created by the court throughout the course of the case. These documents include complaints, summons, exhibits, affidavits, hearing transcripts, judgments, decrees, court orders, and docket sheets. Civil court files contain information that helps members of the public and authorized persons understand what transpired during the civil proceedings. This information includes the name of the court, index number, case name, case status, plaintiff and defendant's names, track, case type, disposition date, attorney type, firm name, attorney status, appearance date, and judge's or justice's name.

Retention and Archiving of Civil Court Records in New York

The New York Unified Court System maintains retention and disposition schedules for civil court records and guidelines for their destruction. Below are the retention periods of civil case records in New York:

  • Contracts: 25 years
  • Estates: permanent
  • Adoption: permanent
  • Other tort cases: 25 years
  • Conservatorships: permanent
  • Wills: not for probate: permanent
  • Spousal support records: 75 years
  • Adoption order books: 1 year
  • Change of name: permanent
  • Certificates of Judgment: 25 years
  • Records of guardians and minors: 1 year
  • Commitments of guardianship and custody: permanent
  • Tort cases resulting in a Structured Settlement: 75 years
  • Civil case files transferred to another court of jurisdiction: 1 year

References and Official Resources

Below are the official portals and agencies that govern or manage civil court records in New York:

  • New York Office of Court Administration (OCA): Manages e-filing systems and provides online access to civil court records and case information.
  • New York Supreme Court: Handles separation and annulment proceedings, civil matters whose monetary limits exceed the lower courts' jurisdiction, divorce, mortgage foreclosures, equity suits, and injunctions.
  • County Clerk of Court directory: Receive civil case filings, maintain official civil case files, and make them public to interested persons.
  • Online case search systems: New York Courts have statewide online portals, including WebCivil Local, WebCivil Supreme, WebFamily, and E-filed Case Records, where the general public may access civil case information without incurring charges.
  • New York CourtHelp: Individuals may access various civil resources without the need for an attorney's assistance.
  • Public Access Law Libraries: Each county has libraries where residents may find civil court cases that are part of the public record.