Before asking a vendor for a background check, it’s important to know what information you want to receive and how you’d like to receive it.
As this blog has highlighted, there are many variables to consider. For example, which courts do you want searched:
- Upper-level courts that normally maintain felony and high-value civil cases?
- Lower-level courts that normally maintain misdemeanors and lesser valued civil cases?
- Landlord/tenant courts for eviction matters?
- Small claims courts?
- Probate courts?
While these rules aren’t hard and fast, note that different jurisdictions have different court structures. Some jurisdictions have combined indices, while others make you search each one.
You may also want to consider what information you want. Typically, you’ll receive a brief summary of any case found, which should include:
- Filing location and date
- Case number
- Case type
- Parties involved
- Disposition and disposition date
The level of detail available will vary by court and type of case, as noted here.
Document Retrieval: Get the Details
But that may not be enough information. If you really want to learn the details about a particular case, such as the circumstances surrounding an arrest or why a civil lawsuit was filed, you need to move beyond the index/docket and review case files. That’s when you need to request a document retrieval.
For example, if you want to know why one party is suing another, you would request a copy of the complaint. If you want to know details about how the case was resolved, you’d want a copy of the judgment or disposition order. The case docket will provide a list of documents filed for a case, which can be used to pinpoint the document for retrieval.
You can go to the court to make copies yourself, or mail a request (typically with payment and a self-addressed stamped envelope), but that takes time and effort. If the need is immediate and/or going to the court is not feasible or desirable, you can engage a firm to do it for you. But before you do, answer these questions for yourself:
- Will you need certified copies? Typically, attorneys request certified copies, but that may be an unnecessary extra expense for everyday research.
- Which documents do you need? More pages copied = more expense. Civil cases can include hundreds or thousands of pages in a case file. For typical cases, the complaint and disposition mentioned above are sufficient (and much cheaper).
- How quickly do you need the copies? Unfortunately, this is sometimes out of the researcher’s control. In certain jurisdictions, it can take days for a clerk to make files available for copying. If they are busy, or if the case is in archives, the wait can be weeks. Please note that older case copies may not even be available anymore.
Before requesting case files from your investigative partner, save time and money by having a clear understanding of what you need. If you’re not sure, review these issues with your partner before placing an order.
