Civil Courts in the United States: Structure, Jurisdiction, and Case Access

Civil courts in the United States are judicial forums dedicated to resolving non-criminal disputes between individuals, businesses, or government entities. These courts constitute a significant core of both state and federal judicial systems.

Some major differences between the civil and criminal courts exist in their purpose and burden of proof. Criminal courts deal with violations of law prosecuted by the government, where the aim of the court is to determine guilt and impose penalties such as imprisonment or fines.

On the other hand, civil courts typically handle disputes between individuals and organizations. In the civil court, the burden of proof is typically the "preponderance of evidence", which means that it is more likely than not that one party's claim is true. By contrast, criminal cases require proof "beyond a reasonable doubt".

Common civil disputes include:

• Contract breaches,
• Negligence and other tort claims,
• Family law matters such as divorce and custody,
• Property and real estate conflicts,
• Probate and trust administration,
• Employment and consumer protection cases, and
• Administrative or constitutional claims against government actors.

Structure of Civil Courts in the U.S.

The judicial system in the United States comprises federal and state courts, each with its structure and jurisdiction. Both systems handle civil matters; however, the type of case and the parties involved determine where a case is filed. Federal civil courts handle disputes involving federal law or parties from different states, while state civil courts address the majority of everyday legal matters.

Federal Civil Courts

At the federal level, U.S. District Courts serve as the primary trial courts for civil cases . They have general jurisdiction over civil matters that arise under the U.S. Constitution, federal laws, or treaties.

Common federal civil cases include

• Claims involving civil rights violations,
• Federal employment laws,
• Patent and copyright disputes, and
• Lawsuits between citizens of different states where the amount in controversy exceeds $75,000.

These courts also hear certain cases between states or against federal agencies.

State Civil Courts

State systems handle the bulk of civil litigation through trial courts, often called superior, circuit, district, or county courts. These courts have broad authority over contract, tort, property, family, probate, and most consumer and employment disputes . Most states have intermediate appellate courts that review trial court decisions and a state supreme court that issues final interpretations of state law.

In addition, many state and local systems maintain specialized civil divisions to streamline common case types. This includes family courts for divorce and custody, probate courts for wills and estates, housing or landlord-tenant courts, and small claims courts for low-value disputes.

Types of Civil Cases Heard

The types of cases heard in the civil courts typically involve one party seeking money, property, or legal action against another individual or organization. The following are the main categories of commonly heard civil cases in the federal and state judicial systems:

• Contract Disputes: Contract cases involve disputes such as breaches of agreement, unpaid debts, contractor conflicts, or business partnership disagreements, where the court determines whether a legally binding contract was violated.
• Tort Claims: Tort cases cover wrongful acts such as personal injury, property damage, or defamation, where the injured party seeks financial compensation for harm caused by another's negligence or intent.
• Family and Domestic Relations: Family and domestic relations cases address matters such as divorce, child custody, and child support orders , aiming to protect the best interests of children and other vulnerable family members.
• Property and Real Estate: Property cases involve disputes like landlord-tenant conflicts, boundary issues, and foreclosures, where civil courts determine ownership, usage rights, and financial responsibility for the property.
• Probate and Estate Matters: Probate and estate cases address matters such as wills, guardianships, and estate administration, with courts overseeing asset distribution and the appointment of fiduciaries.
• Small Claims: Small claims courts handle minor civil disputes below a set dollar limit, typically between $5,000 and $10,000, through a simplified and expedited legal process.

Civil Court Dockets and Case Flow

Civil court proceedings follow a structured process, with each step recorded in the court's docket, serving as the official timeline of events and filings. The steps below outline how a civil case typically proceeds:

• Filing the Complaint and Summons: The plaintiff initiates the case by filing a complaint and having a summons served to the defendant.
• Pre-Trial Stage: This stage involves discovery, where exchange of evidence occurs; pre-trial motions, where requests are made to the court; and settlement conferences, where attempts are made to resolve the dispute without trial.
• Trial: At this stage, the case is presented before a judge or jury, who determine liability and decide on any damages or remedies.
• Judgment and Appeals: After hearing the facts and assessing evidence, the court issues a final ruling. After the final judgment, the losing party may appeal the judgment to a higher court.
• Enforcement: If necessary, the winning party may take legal steps to enforce the judgment through writs, wage garnishments, or liens.

Accessing Civil Court Records

Most records of the civil courts in both the federal and state judicial systems are public, including:

• Docket sheets
• Filed documents such as motions, complaints, and responses
• Final judgments and orders

However, records may be sealed or restricted when they implicate strong privacy or statutory protections, such as:

• Juvenile dependency or delinquency cases
• Adoption filings and proceedings
• Guardianship or mental health cases
• Confidential settlement agreements
• Cases and information sealed by a court order of a judge

Online Civil Case Search Tools

Access to the records of civil records is typically available online and offline. To access civil court records online, use the following methods:

• PACER: The Public Access to Court Electronic Records portal provides online access to dockets and filings of the federal district and appellate courts. This portal requires user registration and may attract a small fee to access documents (typically $0.10 per page, capped at $3).
• State and Local Court Access: Courts at the state or local level often provide online access for users to perform case lookup on their official websites. Usually, name searches, case number searches, and file download features are available.
• Third-Party Databases: Reliable public record aggregators such as Court Case Finder (CCF) offer access to records of civil courts. They offer the advantage of searching court records from several jurisdictions without having to submit separate requests to the courts.

Offline Record Retrieval

Certified paper copies and certified electronic records of civil court records are obtained directly from the clerk of court at the courthouse where the case was filed by submitting a request and paying a fee. In addition to the fee, requests for certified copies may require:

• A written request or form.
• Valid identification.
• A waiting period.

Note that attorneys may have broader access to civil court records through court-approved systems, while members of the public typically face restrictions in accessing records with sensitive or confidential information.

Appeals and Post-Judgment Proceedings

After a civil case ends, the losing party can appeal within a set deadline, usually 30 days, if they believe a legal error occurred. Appeals do not involve new trials; instead, appellate judges review the trial record for legal or factual mistakes. Parties may also file post-judgment motions or seek to vacate judgments for reasons like fraud, new evidence, or clerical errors. Judgment enforcement includes garnishment and property liens .

Frequently Asked Questions about Civil Courts

The following are frequently asked questions about civil courts in the United States.