Massachusetts Court Records
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Barnstable County Court Records
The Barnstable County courts adjudicate all civil and criminal matters brought to the local justice system and maintain associated documentation from the legal proceedings. Referred to as "court records," these documents accurately detail the events and outcomes of legal actions, serving to foster public transparency and trust in the judicial system.
Barnstable County court records include motions, orders, judgments, pleadings, dockets, exhibits, affidavits, recordings, and other case-related documents maintained by a court clerk's office. Through the preservation of these Massachusetts court records members of the public can track cases that affect their persons, families, or communities. Further, the judiciary can remain more accountable to its populace, and legal researchers and professionals can discover precedents that may influence future rulings.
Are Court Records Public in Barnstable County?
Yes. Per the Massachusetts Trial Court Rule XIV: Uniform Rules on Public Access to Court Records, Barnstable court records are open to the public. This rule secures the public dissemination of court records and information while safeguarding the security and privacy of both case and non-case parties.
Under Rule XIV, any member of the public can inspect or acquire copies of a Barnstable County court record. Individuals do not need to demonstrate their citizenship/residency or provide a valid reason for requiring such access. However, certain records are impounded or made confidential by statute, court order, court rule, standing order, or a determination of the Chief Justice of the Trial Court. Trial Court Rule XIV: Addendum A offers a non-exhaustive list of these exempted court records, which include:
- Abortion consent forms and materials
- Child protection orders
- Drug and alcohol treatment records
- Expunged and sealed records
- Financial statements
- Grand jury minutes or documents
- Juror questionnaires
- Juvenile delinquency records
- Medical, health, and hospital records
- Search warrants
- Victim's name in a sexual assault record
Note that Rule XIV only governs "public" access to court records. It does not limit access by a litigant, their attorney, a court, or any other entity entitled to access by federal or state law or court rule, except otherwise provided.
Barnstable County Court Records Search
Here's how an individual can conduct a Barnstable County court records search:
- By visiting the presiding courthouse to use a public kiosk or terminal
- By visiting the presiding courthouse to ask for a physical copy
- Through the Massachusetts Trial Court Case Access system
- Through a third-party public records database
Barnstable County Court Records Search by Name
A person must typically possess some key information about a case to find court records in Barnstable County. This data is often a case number or the name of a case party (e.g., a plaintiff, defendant, prosecutor, etc.).
Those seeking a name search of a Barnstable court record must have a first and last name. With these details, they can stop by the courthouse where a case was heard or utilize the Massachusetts Trial Court Case Access system.
The Case Access system offers basic case information, scheduled court dates, and some case documents, per Trial Court Rule XIV, Rule 5. The following steps can be employed to search Case Access by name:
- On a browser, go to https://www.masscourts.org.
- Check the reCaptcha box and select "Click Here" to search public court records.
- Select the court department (superior, district, probate, and family). The user can also choose the number of search results that appear on a page (25, 50, or 75).
- Pick the court division.
- Choose the court location. However, this field often populates automatically.
- Enter a case party's first and last name in the appropriate search fields. From there, users can narrow their search results by specifying a case type, party type, case status, etc.
- Select "Search" to view a tabulated index. This index features a litigant's name, case number, file date, court, case type, and more. Selecting the "case number" allows one to view related case information or documents.
Access to court records on the Trial Court Case Access system is free. The same applies if looking up a case record at a courthouse public terminal or inspecting a record without reproduction. However, Trial Court Rule XIV, Rule 2(i) allows the court clerk to charge reasonable fees to replicate a Barnstable court record.
Barnstable County Courts
Barnstable County has different courts serving the local population (228,996 people, according to the U.S. 2020 Census Data). Below are the county's courthouse addresses and contact information.
Superior Courts in Barnstable County
Barnstable County Superior Court
3195 Main Street
P.O. Box 425
Barnstable, MA 02630
Phone: (508) 375-6684, (508) 362-8350 (TTY)
District Courts in Barnstable County
3195 Main Street
Barnstable, MA 02630
Phone: (508) 375-6778
161 Jones Road
Falmouth, MA 02540
Phone: (508) 495-1500
Fax: (508) 495-0992
237 Rock Harbor Road
Orleans, MA 02653
Phone: (508) 255-4700, (508) 255-1924 (TTY)
Juvenile Courts in Barnstable County
3195 Main Street
P.O. Box 427
Barnstable, MA 02630
Phone: (508) 362-1389
12 Mariner's Way
P.O. Box 550
Edgartown, MA 02539
Phone: (508) 627-8983
161 Jones Road
Falmouth, MA 02540
Phone: (508) 444-1049
16 Broad Street
Nantucket, MA 02554
Phone: (508) 325-4265
237 Rock Harbor Road
Orleans, MA 02653
Phone: (508) 240-5044
52 Obery Street
Plymouth, MA 02360
Phone: (508) 747-8400
Probate and Family Courts in Barnstable County
Barnstable Probate & Family Court
3195 Main Street
P.O. Box 346
Barnstable, MA 02630
Phone: (508) 375-6710
Barnstable County Superior Court Case Search
The Superior Court of Barnstable County serves as the trial court of general jurisdiction. The court exercises exclusive original jurisdiction over first-degree murders and original jurisdiction over all other criminal offenses. Further, the court:
- Oversees civil actions exceeding $50,000
- Can determine equitable and injunctive relief
- Has exclusive authority to hold medical malpractice tribunals
- Retains appellate jurisdiction over certain administrative proceedings, and
- May conduct naturalization proceedings
Individuals can stop by the superior court during office hours to inspect a case record at a public computer kiosk or terminal. No fee is assessed for using a terminal. Alternatively, one can access the Trial Court Case Access system on the state judiciary's website to find basic case information and calendars remotely instead of going to the courthouse. Access to the system is free. The Massachusetts Judiciary's website also has relevant instructions and request forms for those who wish to order the audio of a superior court proceeding or a written transcript.
People who wish to search and retrieve copies of a Barnstable County Superior Court case record can also stop by the courthouse at 3195 Main Street. They may review the Uniform Schedule of Fees beforehand or contact the court at (508) 375-6684 for the copy costs.
Barnstable County District Court Records
The County of Barnstable has three district courts: the Barnstable, Falmouth, and Orleans district courts. These courts serve specific municipalities in Barnstable County and are responsible for addressing a wide array of cases, including juvenile, mental health, criminal, civil, and housing.
Specifically, a district court's civil jurisdiction encompasses all civil claims with damages of $50,000 or less and small claims cases worth up to $7,000. Meanwhile, the court's criminal jurisdiction covers the following:
- All felonies punishable with a sentence of up to five years, and several other specific felonies
- All misdemeanors
- All violations of city/town ordinances and by-laws
An inquiry about a district court record in Barnstable County can be initiated at the courthouse where a case was filed or heard—either by using a public access terminal or by direct request to a clerk's office. Individuals can also utilize the Massachusetts Trial Court Case Access system to search district court dockets, calendars, and case information. Persons who wish to order the audio of a district court proceeding can find the request form and procedures on the Massachusetts Judiciary's website.
Regardless of the search and retrieval method used, fees ordinarily apply to obtain a copy of a court record. The Massachusetts Judicial Branch's Uniform Schedule of Fees can be reviewed for further information, or the presiding court can be contacted.
Barnstable County Criminal Records
One method for finding Barnstable County criminal records is to query the police agency responsible for an arrest. Local law enforcement agencies typically maintain Records Access Units or Divisions that process Barnstable County public records requests, including queries for Barnstable County arrest records and incident reports. Admittedly, a fee may apply to obtain copies of a document.
Another method parties can utilize is to seek a statewide background check from the Massachusetts Department of Criminal Justice Information Services (DCJIS). This agency provides name and fingerprint-based criminal records checks.
A name-based criminal record check (CORI) can be performed by submitting a person's name and birth date to the DCJIS through the iCORI platform. The system returns any available information on Massachusetts arraignments pertaining to a search subject, including arrests, pending cases, and convictions.
Users must create an account to use the iCORI portal, and different levels of CORI access are available (some of which require the user to pay to obtain records). However, it should be noted that records obtained from the system are not based on any biometric identifier, including fingerprints. As such, there are no guarantees of accuracy or authenticity.
A fingerprint-based criminal records check is necessary to obtain precise results about a person's criminal past. The check produces state and national criminal history record information (CHRI) tied to a specific person. However, this service is only available to qualified entities (usually employers and authorized agencies) through the DCJIS vendor for a fee. The DCJIS FAQs and Fingerprint-Based Level of Access pages can be explored for further details about the CHRI reports and application process.
Barnstable County Criminal Court Case Lookup
A criminal case lookup in Barnstable County can be performed by visiting or contacting the court that heard the misdemeanor, felony, or infraction. Courts typically require a person to have pertinent information about a case, such as a case party's name or case number, to locate related records.
Another option for viewing records from criminal proceedings in Barnstable is to use the state judiciary's Trial Court Case Access system. As noted, users are not subject to inspection fees on the database, but they can only see limited criminal case data.
Get Barnstable County Civil Court Records
The term "civil court records" covers all documentation produced during non-criminal proceedings initiated to determine private rights or offer remedies to aggrieved parties.
All Barnstable County courts hear some form of civil controversy. Therefore, to obtain a Barnstable County civil court record, one must submit a request to the presiding court, which could be a superior, district, or family court. Generally, requests are made in person during regular business hours or by accessing the trial court docket on the Massachusetts Judiciary's website. The court may require payment to furnish a copy of a record.
Barnstable County Family Court Records
The Barnstable Probate & Family Court handles all legal matters pertaining to families, children, and estates. Domestic-related cases heard by the court include divorce, adoption, child support, abuse prevention, alimony, annulment, child requiring assistance, and name changes. Documents generated from these actions or proceedings make up the Barnstable family court records.
Here's how individuals can obtain family court records in Barnstable County:
- Hand-deliver or mail a completed Request for Copies form to the Probate & Family Court at 3195 Main Street. The form can only be used for specific case types. One can contact the court at (508) 375-6710 for instructions on obtaining copies of other family court records.
Note: Payment for reproduction or certification of physical copies must be included. The Massachusetts Uniform Schedule of Fees can be reviewed for applicable fees. Parties can also request the audio of a family court proceeding from the court.
- Go to the courthouse and use a public access terminal to look up family case information.
- Access the Massachusetts trial court docket on the state judiciary's website for limited case information.
- Access the Court Archives if looking for an older family court record.
It is crucial to note that although family court records, like all court records, are important for protecting rights, enforcing judgments, and more, these records are often sealed to the public to protect parties involved in a case. The state judiciary identifies family court cases that can be provided to the public online or at the courthouse on its website.
Barnstable Dissolution of Marriage Records
Individuals searching for dissolution of marriage records in Barnstable County—records pertaining to an action to end a marital union (i.e., divorce)—can utilize the guidelines in the previous heading. Dissolution of marriage records are family court records, and they can be requested from the Barnstable Probate & Family Court in the same manner.
Barnstable County Marriage and Divorce Records
Divorces are among the family court cases open to the public in Barnstable County. People who wish to obtain their Barnstable divorce record (decree) can complete the Probate & Family Court's Request for Copies form. A case docket number is required to fill out the form. Those who do not know this number can search the Massachusetts trial court docket, contact the Barnstable Family Court, visit the Barnstable Probate & Family Court Virtual Registry, or query the Registry of Vital Records.
The request form can be submitted to the court in person or via mail. Below are the fee requirements:
- Certificate of divorce absolute (the divorce decree): $20
- Certified judgment of divorce nisi (does not include supporting documents): $20
- Certified copy of a divorce separation agreement: $20 for the first page and. 05 cents per additional page.
Fees are payable to the Commonwealth of Massachusetts by money order, attorney's check, bank cashier's check, or bank-certified check.
If searching for an older divorce record, the requester should query the Court Archives.
Conversely, those seeking Barnstable County marriage records should approach the Registry of Vital Records and Statistics (RVRS). To obtain a Barnstable County marriage certificate, one must provide the subject's name, the date and place of the event, and their ID (preferably a driver's license, whether expired, or another government-issued photo ID). A requester who is a legal guardian or representative may need to provide supporting documentation.
A party can request a certified copy online or via phone through the department's vendor, in person, or by mail. Online/phone orders cost $54 for the first copy and $42 for each additional copy, while mail and in-person orders cost $32 and $20 per copy, respectively. Individuals should review the How to Order section for the application forms and links. Other fees and shipping information are also provided on the RVRS website.
The following should be noted:
- The RVRS only issues Barnstable County marriage records from 1931 to the present date. The State Archives should be contacted about marriage events from 1841 to 1930. Older marriage records may be found in the town of an event, from as early as 1635.
- Only the bride, groom, parent, legal guardian, or legal representative can access the marriage record of a person born to unwed parents.
- Individuals who do not need certified copies of marriage records but only vital record information can conduct genealogical research at the RVRS Public Research Room.
- Barnstable marriage records can also be obtained from the town clerk's office that issued a license.
Barnstable Birth and Death Records
The Massachusetts Registry of Vital Records serves as the state vital records and statistics office and issues birth and death records for events occurring in Barnstable County. Individuals can also query the town clerk's office where an event occurred for the corresponding certificates.
To obtain Barnstable County birth or death certificates from the RVRS, one can submit a request to the RVRS online, by phone, via mail, or in person. Online and phone orders are processed by the agency's vendor, and in-person and mail orders are made to the following address:
Registry of Vital Records and Statistics
150 Mount Vernon Street
1st Floor, Dorchester, MA 02125
Phone: (617) 740-2600
Mail requesters must complete the Vital Records Mail Order form and include a check or money order for the appropriate fee. Meanwhile, in-person requesters can stop by the Registry counter on weekdays within regular business hours (visitors can also conduct genealogical research at the RVRS Public Research Room). The relevant fees are listed in the previous header or the office's Vital Records Service Fees brochure. For expedited shipping fees, one should review the brochure.
It should be noted that while birth and death records are public in Massachusetts (and, by extension, Barnstable County), certain restrictions affect who can access a Barnstable County birth certificate when the record's owner is an adoptee or when the child's parents are unwed.
Regarding access to records of births to unwed parents, only the child, parents, father not listed on the record (with proof of paternity), legal guardian (with proof of guardianship), or a legal representative (with evidence of representation) can obtain the certificate. Meanwhile, only these parties can access birth records before an adoption:
- An adult adoptee born in Massachusetts
- The adult child of a deceased parent who was an adoptee born in Massachusetts
- The adoptive parent of a minor born in Massachusetts
- The legal guardian/parent of a minor whose deceased parent was an adoptee born in Massachusetts
Birth and death records are considered part of the Barnstable County vital records. They reveal important demographic data, including birth and mortality rates, trends, characteristics, and deficiencies. This information allows for the formulation of public health policies and the implementation of palliative measures. Furthermore, these records have distinct legal purposes. Barnstable County birth records, for instance, are primary documents for establishing a person's identity. Meanwhile, death records can be used to claim benefits or insurance.
Barnstable County Probate Court Records
The Barnstable Probate & Family Court presides over all probate matters filed locally, including wills, estates, trusts, and conservatorships. To obtain probate case records, a person has the following options:
- Visit the courthouse at 3195 Main Street to view a case on a computer kiosk or request physical copies at the public counter.
- Access the Massachusetts Trial Court Case Access system to search for an open probate case by name, number, or type.
- If the matter pertains to an older probate case record, query the Court Archives for historic records.
- If looking for a copy of a will, review the guidelines on the Massachusetts Judiciary's website. However, it still requires going to the courthouse to see or obtain records.
Barnstable County Property Records
The Barnstable Registry of Deeds is the primary custodian of property records in Barnstable County. This department is where individuals record deeds, mortgages, plats, and other documents relating to or affecting the title to real estate.
Under the Massachusetts Public Records Law, property records in Barnstable are open to the public. The Registry of Deeds provides online indexes and images (from 1742 to date) and copies of recorded documents/instruments to facilitate public access. These records are free to research and view through the Registry's Online Public Records Search tool or by visiting the Registrar's office at:
Barnstable County Complex
3195 Main Street (Route 6A)
Barnstable, MA 02630
Parties can also prepare a letter containing a book/page number, document number, grantor/grantee's name, or other pertinent information identifying the record(s) sought. This letter can be sent with the fee and a self-addressed stamped envelope to:
Barnstable County Registry of Deeds
P.O. Box 368
Barnstable, MA 02630
It costs $1 per page to order plain copies, $10 plus the per-page fee to order certified copies, and $3 to request a copy of a deed from the Registry of Deeds office (see other costs).
Individuals seeking other property records in Barnstable, such as zoning, taxes, building characteristics, etc., should request them from the property assessment office of the town where a property lies. For example, the Town of Barnstable's Assessing Division maintains an online property lookup tool, which interested parties can search using a street address, property owner's name, or map/block/lot number.
Barnstable County Court Records Online
Barnstable court records can be retrieved from both official and independent sources. The official route involves querying a local presiding court, as explained in prior sections. Notwithstanding, numerous third-party websites provide public access to Barnstable County arrest records, criminal records, court documents, property data, and other public records, including those generated in different jurisdictions. A case in point is Massachusettscourtrecords.us.
Typically, an individual requires a first and last name or case number to search a third-party database for a court record. The system may require additional information like a subject's date of birth, age, or location to produce results. However, in many cases, the user must provide payment (as a one-time fee or at monthly intervals) to access the results.