To request New York court records, you go to the county clerk in the county where the case was filed, pull e-filed documents from the New York State Courts Electronic Filing system (NYSCEF), or submit a separate request to the court reporter’s office for transcripts. Records from executive-branch agencies, police departments, and other non-court government bodies are a different track: those go through a Freedom of Information Law (FOIL) request. Each channel has its own form, fee schedule, and processing time.
What to Gather Before You File Anything
The single most useful piece of information is the Index Number, the alphanumeric code assigned when a case is first filed. Every motion, order, and judgment is organized under it, and every request form asks for it.
If you don’t have the Index Number, three free tools can find it:
- NYSCEF covers Supreme Court cases that were e-filed. Click “Search as Guest” on the NYSCEF homepage and look up cases by party or attorney name.1New York State Unified Court System. NYSCEF Home
- WebCivil Supreme provides past, present, and future case information for Civil Supreme Courts statewide, searchable by index number, party, attorney, firm, or justice.2New York State Unified Court System. WebCivil Supreme
- eCourts is a broader portal for current and disposed case information across multiple courts and counties, with case-tracking sign-up.3New York Courts. Getting Court Records and Case Information
Write down the full case caption (both party names as they appear on the filing), the county, the Index Number, and the dates of any hearings you need. Having this ready before you approach the clerk prevents the back-and-forth that turns a simple request into a weeks-long process.
Getting Case Files From the County Clerk
Court case files — motions, orders, judgments, and other filings — are maintained by the county clerk in the county where the case was filed. You can request them in person, by mail, or through NYSCEF for e-filed cases.
For in-person requests, go to the county clerk’s office during business hours and ask the records room staff for the specific documents. Bring the Index Number, case caption, and photo ID. Many clerks can pull up digitized records on the spot for newer cases. Older files that haven’t been scanned may need a brief wait while staff retrieve physical folders.
For mail requests, send a written request with the case caption, Index Number, a specific description of the documents (say “the order to show cause filed on March 12, 2024” rather than “all documents in the case”), and your name, mailing address, and phone number. Enclose a self-addressed stamped envelope and payment for copying fees. Most clerks accept certified checks or money orders payable to the county clerk.
For cases e-filed through NYSCEF, many documents are available for free download directly from the system, accessible as a guest without an account. This is the fastest route when the case is in a court and county that participates in e-filing.4New York State Unified Court System. New York State Courts Electronic Filing
Certified Copies vs. Plain Copies
A certified copy carries the clerk’s official seal and signature confirming that it is a true and complete reproduction of the original. You need certified copies for most legal purposes: filing an appeal, proving a judgment in another jurisdiction, or submitting documents to a government agency. A plain copy is just a photocopy, fine for personal reference but not accepted where legal proof is required.
Certified copies cost more. Fee schedules vary by county, but a typical structure runs around $5.00 to $5.20 for a document up to eight pages, with an additional charge per page beyond that, capped at $40.00 per document. Call the specific county clerk’s office to confirm the current fee before mailing payment.
Ordering Court Transcripts
A transcript is a verbatim written record of what was said during a court proceeding. You might need one for an appeal, to refresh your memory of testimony, or to use as evidence in a related case. Transcripts are not part of the case file. They have to be produced from audio recordings or court reporter notes, which means a separate request and higher fees.
Complete a Request for Transcript form and submit it to the court where the proceeding took place. The form asks for the petitioner and respondent names, docket or index number, the judge’s name, the court part, the hearing dates, and your contact information and signature.5New York State Unified Court System. Requests for Transcripts You also need to know whether the proceeding was recorded by a court reporter or by an electronic recording device. If you’re not sure, call the court.
For electronically recorded proceedings, you choose a transcription vendor from the court’s approved list. For proceedings recorded by a court reporter, the court reporter’s office produces the transcript after receiving your form. You can submit the form by email, by mail, or through the Electronic Document Delivery Storage (EDDS) system.
Transcript Fees
Under 22 NYCRR 108.2, the rates for private parties (cases not paid from public funds) depend on how quickly you need the document:
- Regular delivery: $3.30 to $4.30 per page for an original, plus $1.00 per page for each additional copy.
- Expedited delivery (within five business days per day of proceedings): $4.40 to $5.40 per page, plus $1.10 per copy page.
- Daily delivery (by the next business morning): $5.50 to $6.50 per page, plus $1.25 per copy page.6New York Courts. Part 108 Format of Court Transcripts and Rates of Payment Therefor
A multi-day trial can produce hundreds of pages, so the total bill adds up fast. If you only need a specific hearing date rather than the entire trial record, say so on the form. There’s no reason to pay for pages you won’t use.
When You Need FOIL Instead
Court case files go through the courts and county clerks. Records from state or local government agencies — police reports, inspection records, correspondence, internal memos — are the domain of the Freedom of Information Law. FOIL applies to executive branch agencies, municipal departments, public authorities, and similar government entities. It does not apply to the judiciary or the state legislature.7New York Department of State. Article 6 Section 84-90
The Open FOIL NY portal lets you submit requests to many state agencies and authorities online. Select the agency from a dropdown, describe the records you want, and submit. Some agencies use a platform called GovQA, in which case the request goes through the agency’s own website rather than the central portal.8The State of New York. Open FOIL NY For local agencies like a town clerk or police department, check the agency’s website for its FOIL contact information or send a written request by mail or email to the Records Access Officer.
Describe the records with enough specificity that a staff member can locate them without guessing. “All emails sent by the commissioner in 2025” is too broad. “Correspondence between the Department of Buildings and XYZ Construction regarding permit #12345 between January and March 2025” is the kind of description that gets results. You do not need to explain why you want the records or identify yourself beyond a return address.
Agencies can charge $0.25 per page for photocopies of records up to 9 by 14 inches. If producing the records takes more than two hours of staff time, the agency may also charge the hourly salary of the lowest-paid employee with the skills to do the work. For electronic copies delivered on storage media, the agency can charge the actual cost of the device.9Committee on Open Government. Make a FOIL Request
Not everything is available. FOIL contains several exemptions. An agency can withhold records whose release would constitute an unwarranted invasion of personal privacy, reveal trade secrets, interfere with a law enforcement investigation, endanger someone’s safety, or compromise information technology security, among other grounds.10New York State Senate. New York Public Officers Code PBO Article 6 – Freedom of Information Law Purely deliberative internal memos — as opposed to factual data, final policy decisions, or staff instructions — can also be withheld.
How Long Each Request Takes
For FOIL requests, the agency has five business days from receiving your written request to either provide the records, deny the request in writing, or send a written acknowledgment estimating when the request will be granted or denied. If the agency decides to grant access but needs more time, it must explain in writing why it cannot produce the records within twenty business days and give you a specific date.11New York State Senate. New York Public Officers Code PBO 89
For court records from a county clerk, turnaround varies by county and volume. In-person requests for digitized records can often be filled the same day. Mail requests typically take one to three weeks. NYSCEF documents that are already online can be accessed immediately.
Court transcripts take the longest. Regular delivery has no fixed statutory deadline; it simply means ordinary circumstances after proceedings conclude. Expedited delivery means within five business days per day of proceedings, and daily delivery means by the next business morning.6New York Courts. Part 108 Format of Court Transcripts and Rates of Payment Therefor If you’re on an appellate deadline, order expedited or daily delivery and confirm the timeline with the court reporter’s office before you rely on it.
If You Cannot Afford the Fees
New York law provides a fee waiver process under CPLR 1101. You file an affidavit stating your income, assets, and any real property you own, and explaining that you lack sufficient means to pay. If the court approves, all fees and costs related to filing and service are waived. If the court denies your application, you have 120 days to pay the fee before the case is dismissed.12New York State Senate. New York Civil Practice Law and Rules CVP 1101 – Motion to Waive Costs Fees and Expenses Parties represented by a legal aid society or nonprofit legal services organization get an automatic waiver: the attorney files a certification that the client qualifies, and no motion is needed.
If a form requires notarization, New York caps notary fees at $2.00 per notarial act.13Westchester County Clerk. Notary FAQs
Appealing a FOIL Denial
If an agency denies your FOIL request, the denial must be in writing and must explain the reason. It must also tell you who to contact to appeal and provide that person’s name, title, address, and phone number. If the agency simply ignores your request and never responds, that silence counts as a denial.14Committee on Open Government. Freedom of Information Law
You have 30 days from the denial to file a written appeal with the designated appeals officer, who must be a different person from the records access officer who made the original decision. The appeals officer then has ten business days to grant access or explain in writing why the denial stands. If the appeals officer doesn’t respond within ten business days, that silence also counts as a denial.
From there your options move to court. You can bring an Article 78 proceeding, a special type of lawsuit challenging government action, asking a judge to order the agency to release the records. The agency must also send a copy of every appeal it receives to the Committee on Open Government at the Department of State, which monitors FOIL compliance statewide and can issue advisory opinions on whether the denial was proper.
Records You Cannot Get
Some records are unavailable through any standard request process, no matter how well you fill out the form.
Criminal cases that ended in a dismissal or acquittal are sealed under Criminal Procedure Law 160.50. Once sealed, all official records and papers related to the arrest or prosecution — including court judgments, orders, and files held by police agencies, prosecutors, and the Division of Criminal Justice Services — are removed from public access.15New York State Senate. New York Criminal Procedure Law CPL 160.50 Published court decisions and appellate briefs remain available, but everything else in the file is locked. A FOIL request cannot get around a sealing order.
Health records that appear in court filings carry additional privacy protections. Under HIPAA, a covered health care provider may disclose protected health information in response to a court order, but only the specific information described in that order. A subpoena issued by a clerk or attorney rather than a judge triggers extra requirements: the requesting party must show reasonable efforts were made to notify the person whose records are sought, or that a qualified protective order has been obtained.16U.S. Department of Health and Human Services. Court Orders and Subpoenas
If the Case Was in Federal Court
If the case you’re looking for was filed in a federal court — the Southern, Eastern, Northern, or Western District of New York — the state court system won’t have it. Federal records are accessed through PACER (Public Access to Court Electronic Records), a separate system run by the federal judiciary.
Anyone can register for a PACER account. You provide your Social Security number or tax ID for billing and your date of birth, which becomes permanent on the account. As of February 2026, PACER requires multi-factor authentication during registration.17PACER. Register for an Account
Access costs $0.10 per page. If your total charges stay at $30 or less in a quarter, the fees are waived entirely for that period, so light users often pay nothing.18PACER. Frequently Asked Questions Federal court records older than about 15 years may have been transferred to the National Archives and would need to be requested from NARA rather than through PACER.19National Archives. National Archives Court Records