Montgomery County Court Records Search
NewYorkCourts.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on NewYorkCourts.us are subject to the Terms of Service and Privacy Notice.
Montgomery County, New York, sits in the Mohawk Valley of the state’s central region, with Fonda serving as the county seat. The county’s court system encompasses multiple court types — from the Supreme and County Court handling the most serious criminal and civil matters to the Family Court, Surrogate’s Court, and a network of local Justice Courts distributed across the county’s towns and villages. Each of these courts produces and maintains its own categories of records, and knowing which office holds what type of record is the first practical step for anyone attempting to locate case files, obtain certified copies, or conduct legal research.
Court records throughout New York State are administered through the Unified Court System, and the starting point for most research is understanding how case information flows between the court that heard a matter, the County Clerk who indexes it, and the statewide systems that make portions of it accessible online. Researchers can explore publicly available case data and orient themselves to the right court or clerk’s office by consulting NewYorkCourts.us, which connects users to official court resources, public access terminals, search portals, and county-level guidance across all 62 counties in the state.
How to Look Up a Court Case in Montgomery County?
Montgomery County’s principal courts are grouped at the Fonda courthouse complex, which houses the Supreme & County Court, Family Court, and Surrogate’s Court under one roof. A separate associate court in Canajoharie and a network of Justice Courts in local towns and villages round out the system.
Montgomery County Supreme & County Court
| Field | Details |
|---|---|
| Address | 58 Broadway, P.O. Box 1500, Fonda, NY 12068 |
| Phone | (518) 853-4516 (Supreme Court Clerk) |
| County Court Phone | (518) 853-3834 |
| County Court Fax | (518) 853-8396 |
| Chief Clerk | Judith Klotz |
Montgomery County Family Court
| Field | Details |
|---|---|
| Address | 58 Broadway, P.O. Box 1500, Fonda, NY 12068 |
| Phone | (518) 853-8133 |
| Fax | (518) 238-4370 |
| MontgomeryFamily@nycourts.gov | |
| Judge | Hon. Michael G. Dayian |
Montgomery County Surrogate’s Court
| Field | Details |
|---|---|
| Address | 58 Broadway, P.O. Box 1500, Fonda, NY 12068 |
| Phone | (518) 853-8108 |
| Clerk | Alison [last name on file with court] |
Montgomery County Clerk’s Office (Clerk of Supreme & County Courts)
| Field | Details |
|---|---|
| Address | 64 Broadway, Fonda, NY 12068-1500 |
| Mailing Address | P.O. Box 1500, Fonda, NY 12068 |
| Phone | (518) 853-8111 |
| Hours | Monday–Friday, 8:30 a.m. – 4:00 p.m. |
| Recording Hours | 8:30 a.m. – 3:30 p.m. (9:00 a.m. – 3:30 p.m. in July/August) |
| County Clerk | Brittany Kolbe |
Town and village Justice Courts are located throughout Montgomery County, handling local ordinance matters, traffic violations, minor misdemeanors, and small claims disputes. A partial list with relevant contacts includes the Canajoharie court at 75 Erie Blvd., Canajoharie, NY 13317 (phone: (518) 673-5116) and the Amsterdam court at 12 Mitchell Street. For a full directory of local courts and scheduled sessions, the Montgomery County Probation Department’s court listings maintain current contact details for each town court.
For online case lookup, the New York Unified Court System provides several searchable portals depending on case type. eCourts covers Supreme Court civil cases and allows users to check case status, scheduled dates, and filed documents — particularly useful for cases submitted through the mandatory e-filing program. The New York State Courts Electronic Filing system (NYSCEF) became mandatory for Montgomery County civil actions effective October 21, 2020, with limited exceptions for pro se (self-represented) litigants who may opt out. Electronically filed court records are also searchable through SearchIQS, which offers subscription-based online access to Montgomery County documents at rates of $15 for a one-day subscription or $55 for a 30-day subscription, plus $0.65 per page for document copies.
Are Court Records Public in Montgomery County?
New York’s approach to public access at the court level is governed not by the Freedom of Information Law alone, but by Judiciary Law § 255 and the policies of the Unified Court System. The New York Courts make clear that FOIL — as defined under Article 6, Sections 84–90 of the Public Officers Law — applies to executive branch records; court records are separately governed by judicial branch rules. Requests for court records go directly to the Clerk of the Court where the case was filed, not to the Office of Court Administration as a FOIL request.
Several categories of records carry significant access restrictions:
- Juvenile records — Protected under Family Court Act § 381.3, which restricts disclosure of records involving persons under 16 in delinquency proceedings.
- Matrimonial case files — Domestic Relations Law § 235 restricts access to divorce and separation pleadings to the parties themselves and their attorneys of record; most matrimonial papers remain sealed for 100 years.
- Mental health records — Access to certain health and mental health information is limited under Public Health Law § 18.
- Sealed criminal records — Cases sealed under CPL § 160.59 are withheld from any statewide search report and may not be disclosed to the public.
- Birth records — Restricted under Public Health Law § 4174 for 75 years from the date of birth; only the registrant, immediate family members, or authorized representatives may obtain certified copies during that period.
- Death records — Under the same statute, death records are restricted for 50 years and accessible only to close family members or legal representatives before that period expires.
- Youthful Offender cases — Not disclosed in criminal history reports in accordance with CPL § 720.15(1).
Records not subject to these specific restrictions — including most civil, property, and non-matrimonial court documents — are generally accessible to any member of the public during regular business hours.
Montgomery County Criminal Court Records
The Montgomery County Court, located at 58 Broadway in Fonda, holds exclusive jurisdiction over felony trials within the county. It also shares jurisdiction with local city, town, and village courts for misdemeanor cases. All crimes committed within Montgomery County’s borders may be prosecuted here, making the County Court the primary repository for serious criminal case records.
To search criminal case records, requesters have several channels available:
- In-person at the Clerk’s Office — The Montgomery County Clerk, as Clerk of the County Court, maintains case files. Visitors may use public access computers in the clerk’s office during business hours.
- NYSCEF — Electronically filed criminal documents in applicable cases can be accessed through the NYSCEF portal.
- Statewide Criminal History Record Search (CHRS) — The New York State Office of Court Administration offers a statewide criminal history search for a fee of $95.00 per name/date of birth combination. Searches are conducted on an exact-match basis. Results cover open/pending cases and convictions in County, Supreme, City, Town, and Village courts across all 62 counties. The search does not include Family Court, Civil, or Federal court records, and sealed records are not disclosed.
- Requests may be submitted online through OCA’s Direct Access program or by mailing a completed CHRS Application Form to: NYS Office of Court Administration, Criminal History Record Search Unit, 25 Beaver Street (Room 940), New York, NY 10004
- Inquiries: chrs@nycourts.gov or (212) 428-2943
- New York DCJS — The Division of Criminal Justice Services maintains fingerprint-based official criminal history records showing arrests, indictments, convictions, and sentencing information.
Certified copies of court dispositions — distinct from a CHRS report — must be obtained from the court of original jurisdiction. At the County Clerk’s office, a certified copy costs $4.00 plus $1.00 per page of the document.
Montgomery County Civil Court Records
The County Court handles civil matters involving monetary claims of $25,000 or less, while the Supreme Court exercises general jurisdiction over higher-value civil cases, including contract disputes, personal injury litigation, and real property actions. Both court types use the NYSCEF mandatory e-filing system for eligible civil cases filed since October 21, 2020.
Key civil filing fees at the Montgomery County Clerk’s Office include:
| Filing Type | Fee |
|---|---|
| Index Number (issuance) | $210.00 |
| Request for Judicial Intervention (RJI) | $95.00 |
| Note of Issue (Non-Jury) | $30.00 |
| Note of Issue (Jury Trial) | $95.00 |
| Motion / Order / Judgment | $45.00 |
| Notice of Appeal | $65.00 |
| Stipulation of Settlement / Voluntary Discontinuance | $35.00 |
| Lis Pendens (file and record) | $35.00 |
| Federal Tax Lien Filing | $40.00 |
| Mechanic’s Lien Filing | $15.00 |
| Transcript of Judgment (filing) | $10.00 |
Copy and certification fees:
| Service | Fee |
|---|---|
| Copies of recorded/filed documents | $0.65 per page ($1.30 minimum) |
| Copies prepared by Clerk’s Office | $1.00 per page |
| Certified copy (prepared and certified) | $4.00 plus $1.00 per page |
| Exemplified copy | $10.00 |
Small claims cases are handled by local Town and Village Justice Courts. In the Town of Montgomery, for example, the filing fee is $10.00 for claims up to $1,000 and $15.00 for claims over $1,000, with a $3,000 monetary ceiling in those courts. The New York Courts provide a statewide guide to small claims court explaining procedures, limits, and how to obtain a court date.
Mail requests for copies of recorded documents should be sent to: Montgomery County Clerk, P.O. Box 1500, Fonda, NY 12068 (overnight: 64 Broadway, Fonda, NY 12068). Mail requests require a $5.00 search fee for every two years searched, $1.00 per page of the document, and a self-addressed stamped envelope. The Clerk’s Office notes that it does not provide recording information or document copies by email, fax, or phone. Beginning January 1, 2024, personal checks are no longer accepted for real estate transactions; payment must be made by cash, money order, certified funds, or credit/debit card.
Montgomery County Family Court Records
The Montgomery County Family Court, at 58 Broadway in Fonda, hears a broad range of family-related proceedings governed by the New York Family Court Act. This court’s jurisdiction includes child custody and visitation disputes, child and spousal support proceedings, family offense petitions (domestic violence protective orders), juvenile delinquency matters, persons in need of supervision (PINS) cases, termination of parental rights proceedings, and foster care reviews.
Because of the sensitive nature of these proceedings, many Family Court records carry significant access restrictions:
- Juvenile delinquency records are protected under Family Court Act § 381.3, restricting inspection to parties, their attorneys, and specifically authorized persons.
- Child protective and foster care records are generally confidential under Article 10 of the Family Court Act.
- Termination of parental rights proceedings are sealed.
Divorce records are maintained by the Montgomery County Clerk rather than the Family Court. Under Domestic Relations Law § 235, matrimonial case pleadings and proceedings are restricted to the parties and their attorneys of record. To access a divorce record, eligible requesters must appear in person with a valid photo ID bearing a signature (such as a driver’s license), or submit a mail request including a copy of the photo ID, the full names of both parties at the time of the divorce, a self-addressed stamped envelope, and a check payable to “Montgomery County Clerk”. Fees for divorce records are $5.00 search fee per request (plus $1.00 per page), with certified copies costing an additional $4.00. The maximum total copy fee is capped at $40.00.
Birth, death, and marriage certificates are not held by the Montgomery County Clerk’s Office. These records are maintained by the local Town or City Clerk’s Office in the municipality where the event occurred. If the location is unknown, the New York State Department of Health, Bureau of Vital Statistics in Albany maintains statewide vital records and can direct requesters to the correct office or issue certified copies directly. Birth records are restricted for 75 years and death records for 50 years under Public Health Law § 4174, with access limited to the individual, immediate family members, or legal representatives during those periods.
Montgomery County Probate Court Records
Probate matters in Montgomery County are handled exclusively by the Montgomery County Surrogate’s Court, located at 58 Broadway, P.O. Box 1500, Fonda, NY 12068, Phone: (518) 853-8108 E-filing is mandatory in this court for eligible proceedings. The Surrogate’s Court has jurisdiction over the full range of estate-related proceedings, including:
- Probate of wills
- Administration of intestate estates (where no will exists)
- Voluntary administration of small estates
- Guardianship of minors and incapacitated persons
- Conservatorships
- Trusts and trust accountings
- Adoptions (in some jurisdictions transferred from Family Court)
Probate records are generally accessible to the public, though individual case files may be sealed by court order in specific circumstances. Because probate courts have maintained records since 1787 in New York, the Surrogate’s Court is also an important resource for genealogical research. The New York Courts’ guidance on getting court records notes that appointments may be needed and fees may apply to view older probate records. The Surrogate’s Court in each county is the official custodian of all wills filed and estate administration proceedings.
Surrogate’s Court filing fees are established by the Surrogate’s Court Procedure Act (SCPA). Per the New York State Surrogate’s Court fee schedule, standard fees include $150.00 for a demand for jury trial under SCPA § 502, $150.00 for filing objections to probate of a will under SCPA § 1410, and $150.00 for a note of issue. For informal probate research, the New York State Archives also holds older probate records that have been transferred from county courts, and these are searchable by researchers for historical or genealogical purposes.
To request specific probate documents, a requester should contact the Surrogate’s Court Clerk directly at (518) 853-8108, provide the decedent’s name, estimated date of death, and case number if known, and inquire about the applicable copy fees and any requirement to schedule an appointment. Requests for certified copies of probate documents follow the standard certification fee schedule maintained by the court.