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The expectation inherent in the common law right to access court records is that any person may come to the office of the clerk of the court during business hours and request to inspect court records, with almost instantaneous access. Such right is a central safeguard of the integrity of the courts.
In this sense, it is also known as a triple certificate or three-way certificate. Its authenticity is sworn to by the clerk of the court where the judgment was rendered, and counter-authenticated by the presiding judicial officer of that Court. [4] The clerk then swears to the authenticity of the judge's signature, incumbency, and authority.
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. [ 1 ] [ 2 ] [ 3 ] A court clerk or a court reporter takes down a record of oral proceedings. [ 4 ]
The only remaining courts retaining the name "court of common pleas" are therefore in the United States: the Courts of Common Pleas of Ohio, Pennsylvania, South Carolina, and Delaware. Of these, the first two are superior trial courts of general jurisdiction , the third is the civil division of the superior trial court of general jurisdiction ...
PACER (acronym for Public Access to Court Electronic Records) is an electronic public access service for United States federal court documents. It allows authorized users to obtain case and docket information from the United States district courts , United States courts of appeals , and United States bankruptcy courts .
Discovery did not exist at common law, but its availability in equity attracted litigants in actions at law (legal proceedings in the common law courts). They began to file bills in equity to obtain discovery in aid of actions at law. This led to another innovation in the mid-15th century: the bill to perpetuate testimony of a potential witness.