COURT DOCUMENTS ONLINE Mary M. McCormick FSU Law Library, Spring 2005 Federal Courts U.S Supreme Court Appellate Courts 12 circuits organized by region Trial Courts 94 Federal districts, including a bankruptcy court Court of Appeals for the Federal Circuit U.S. Court of Federal Claims Court of International Trade Federal Courts – Some Statistics* US Courts of Appeals 56,534 cases filed in 2002 (+.8% over 2001) 39,536 cases pending at the end of 2002 (-2.6% from 2001) US District Courts – Civil Cases 265,091 cases filed in 2002 (+4.2% over 2001) 265,321 cases pending at the end of 2002 (+6.5% over 2001) US District Courts – Criminal Cases 63,515 cases filed in 2002 (+.1% over 2001) 52,713 cases pending at the end of 2002 (+9.7% over 2001) *http://www.uscourts.gov/library/statisticsalreports.html Federal Court Documents: Why Do You Need Them? • Only 3.2% of federal civil cases make it to trial completion • Only 11% of federal criminal cases make it to trial completion • Only 15% of federal district court decisions are reported • Only 50-70% of federal appellate court decisions are reported (varies by Circuit) Federal Court Documents: Why Do You Need Them? • Almost all federal and state trial court decisions, and 30-50% of all federal and state appellate court decisions are unreported • Documents filed by the parties with the courts can be very useful for many reasons Docket Sheets v. Documents • Many courts now post docket sheets • Docket sheets are a chronological table of contents to a court file • Sample Docket Sheet • Fewer courts post documents filed with the Court Docket Sheets • Answer the questions • Has my client been sued but not served? • Who else has sued the party my client wants to sue? • Serve as a current awareness tool • Who is suing who • Hot topics in litigation Docket Sheets • Provide information about clients and potential clients • • • • Is the client litigious? Has the client filed for bankruptcy? Has the client been involved in fraud? Has the client filed a legal malpractice action? • Has the client been sued for attorney’s fees? Docket Sheets • Provide information about potential hires • Routine background checks • Bankruptcy • Debt • Fraud • Conflicts between firm and prospective hire’s existing clients Filed Documents • Fewer courts permit electronic access to documents filed with the court • Filed Documents can include • Sample pleadings • Missing pleadings • Background information on the types of cases heard by particular judges • Types of cases opposing counsel usually deals with • How judge typically rules on motion for summary judgment Federal Courts Online • PACER: http://pacer.psc.uscourts.gov/ Public Access to Court Electronic Records • Electronic public access service that allows users to obtain • • • case information Docket information Documents • From federal courts • • • Courts of Appeal (not all courts of appeal) District and Bankruptcy courts U.S. Party/Case Index (not all courts) PACER Home Page Florida Courts on Pacer Federal Court Documents • U.S. Party/Case Index (on PACER) • National index for U.S. district, bankruptcy, and appellate courts • A small subset of information from each case is transferred each night to the U.S. Party/Case Index server located in San Antonio, Texas at the PACER Service Center • The system serves as a locator index for PACER • You may conduct nationwide searches to determine whether or not a party is involved in federal litigation. PACER: U.S. Party-Case Index State Court Documents • Some state courts now load filed pleadings and other court documents, too. • Leon County Clerk of Court • • • Dockets High-profile cases Online interactive court forms • Other Florida courts • Docket information and high-profile cases only pursuant to Florida Supreme Court Administrative Order AOSC04-4 Florida Supreme Court Documents • Florida Supreme Court Briefs and Records Project • Florida law school consortium database of briefs and opinions • Maintained by FSU College of Law Library Other Court Resources • • Courtlink: (Lexis front-end to PACER, permitting better searching of the PACER databases) Mealey’s: http://www.mealeys.com/ (Lexis publications in (mostly) litigation areas, with some court documents CourtExpress: (front end for PACER and a document delivery service) Legal Dockets Online • WestDocket • • DOCK-FL-SDCT • DOCK-DCT-ALL Westlaw Lawsuit Filings • LS-FL • LS-ALL • • Why Use Commercial Services? • PACER searching is clunky; commercial services have enhanced searching capability • PACER doesn’t offer document delivery if the court doesn’t participate in Electronic Court Filing (ECF) Additional Resources • LLRX: ttp://www.llrx.com/courtrules/ • Findlaw: http://www.findlaw.com/casecode/ • Google: www.google.com (use party names or docket number) Caselaw - Unreported • Unreported decisions are judicial opinions that have not been published in any official or near-official case reporter. They are also called "unpublished decisions," "unreported opinions" and "unpublished opinions.“ • Federal unreported decisions may be found on Lexis and Westlaw. • Unreported decisions from state cases may be found in a local/regional legal newspaper or on Lexis or Westlaw. • Opinions can also be retrieved from the relevant court. Caselaw – Where to Find It for Free US Supreme Court: Official Slip Opinions: http://www.supremecourtus.gov Legal Information Institute: http://www.law.cornell.edu LexisONE: http://www.lexisone.com/ (Click on “Find Cases for Free”) US Circuit Courts: Office of US Courts: http://www.uscourts.gov/links.html Federal Courts Finder: http://law.emory.edu/caselaw/ US District Courts: Office of US Courts: http://www.uscourts.gov/links.html Legal Information Institute: http://www.law.cornell.edu/federal/districts.html Caselaw – Using Legal Newspapers Regional Legal News Sources: American Lawyer Media publications: http://www.lawcatalog.com/ (see Newspapers) Lawyers Weekly publications: http://www.lawyersweekly.com/ Chicago Daily Law Bulletin http://www.lawbulletin.com Need Answers? • Zimmerman’s Guide: http://www.lexisone.com/zimmermanguide/index.html • An online legal encyclopedia providing definitions, examples, explanations and useful links • The Virtual Chase How-To Guides: http://www.virtualchase.com/resources/how_to_guides.html • An annotated guide to sources of information on various types of legal research • Court documents guide: http://www.virtualchase.com/resources/dockets.html • Public Law Libraries: http://www.aallnet.org/sis/sccll/ • AALL State, Court and County Libraries SIS Need Answers? • LLRX: Court Rules, Forms, and Dockets • http://www.llrx.com/courtrules/