Montgomery County Court Records
According to §3–1510 of the Maryland Code, the term "court record" encompasses all documents, exhibits, information, and other materials a court maintains in connection with a case. The trial courts in Montgomery County, through clerk's offices, preserve these records in line with the Maryland Statutes and Rules.
The maintenance of court records in Montgomery County, Maryland, is essential for several reasons. By reviewing the record of an ongoing or closed court case, members of the public can understand how the legal system functions. Furthermore, court records allow for the historical documentation of legal proceedings, which is useful for establishing legal precedents and conducting legal research. Another benefit that court records offer is that case parties (individuals or companies involved in a legal dispute or claim) can easily follow the progression of their cases and access case information or documents when needed.
Are Court Records Public in Montgomery County?
Yes. Court records are considered part of Montgomery County Public Records, according to the Maryland Public Information Act (PIA). Anyone can inspect or copy a court record maintained by a county court.
However, certain court records are exempt from public access by law or cannot be accessed without a court order. These include records from adoption, juvenile delinquency, guardianship terminating parental rights, child in need of supervision, CINA (child in need of assistance), and certain criminal cases.
In addition, some documents or information within a court file may have restricted access, such as Social Security numbers, financial account numbers, income tax returns, fee waiver requests, and financial statements filed in family law cases.
The Maryland Courts Access to Judicial Records page has more information on closed court records.
What Do Montgomery County Court Records Contain?
Montgomery County court records contain information about criminal and civil law proceedings held in a county court of law, including:
- Court orders entered by a judge or magistrate
- Case information, such as the names and addresses of the case parties, case type, case number, case status, the presiding judge, and filing dates
- Transcripts of court proceedings
- Court judgments
- Exhibits, including audio materials, photographs, and documents presented as evidence in a court trial
- Motions and pleadings filed by case parties
- Information about appeals filed in a higher court
Where to Conduct a Montgomery County Case Lookup
Individuals can conduct a Montgomery County court case lookup at the following places:
- The courthouse where the case was heard or where the trial or hearing took place.
- Online portals operated or maintained by the courts, such as:
- Maryland Judiciary Case Search: Public access to case searches.
- Estate Search: Public access to the estate case records from the Maryland Register of Wills Offices.
- Maryland Electronic Courts (MDEC): Electronic filing (e-filing) system for lawyers and interested self-represented litigants. The public has limited access to MDEC.
How to Conduct a Montgomery County Case Records Search
Individuals seeking case records in Montgomery County, Maryland, can access such records in person, in writing, or remotely. To search for a case record in person, one must go to the court where the record is preserved (this will be the court that received the case filing or held the trial). Still, it is prudent to call the court clerk's office (the records custodian) beforehand to ensure a record is available.
At the courthouse, an inquirer may provide the clerk with a case number or case party's name to allow the custodian to locate the relevant record. One may also use a Maryland Electronic Courts (MDEC) kiosk or terminal (if available at the courthouse) to look up public court cases. No fee is charged to inspect a case record at the courthouse, but requesters must pay a fee for copies. The copy fee is typically 50 cents per page and $5 for certification.
Those who cannot visit the courthouse may request a case records search in writing. For instance, a person can fill out the Montgomery County Circuit Court's Copy Request Form (PDF) and mail it to the appropriate department within the court clerk's office to search and obtain copies of civil, criminal, or family case records. The form can also be dropped off in the circuit court drop box at any time or day of the week (dropbox requests should have the name of the relevant department written on the front of the envelope). No payment should be included in the Copy Request Form. More instructions on inspecting/ordering copies of circuit court case files and exhibits in Montgomery County are available on the court's website.
Alternatively, an individual may use the Maryland Courts' remote access options to conduct a Montgomery County case records search. Primarily, members of the public use the Maryland Judiciary Case Search (see General FAQs). The portal provides a speedy and cost-effective method to look up court cases with a name or case number without visiting the courthouse.
However, Case Search only serves informational purposes. The system does not provide complete case records or records protected by law or the Maryland Rules on Access to Judicial Records (Chapter 900 of the Maryland Rules). Furthermore, only circuit and district court case information is available on Case Search. Remote access to Montgomery County probate case records from the orphans' court is provided through the Estate Search portal.
Note: A county courthouse may have an MDEC terminal or kiosk for the public viewing of case records. However, the MDEC system is not ordinarily available to members of the public remotely unless they are case parties or attorneys. Through MDEC, such parties can access case documents outside the courthouse. More information on MDEC remote access is provided on the Maryland State Judiciary's website.
Montgomery County Civil Court Case Records
Civil court case records are official documents and files that bear information about civil lawsuits filed by persons, businesses, or organizations in a civil court. Montgomery County's civil courts include the circuit, district, and orphans' courts. Each court maintains specific civil case records based on the types of cases they resolve.
The orphans' court keeps civil case records on the administration of estates and limited guardianship cases. The circuit court holds records from major civil cases, including civil appeals from lower courts. Meanwhile, the district court—the court most people encounter first—maintains records from replevin actions, small claims, landlord/tenant disputes, and civil claims worth $30,000 or less in damages.
To find a Montgomery County civil court case record, one may visit or contact the civil court that handled the related legal proceedings. The court will be able to provide information on how to find court records in person or through other official channels. The court can also provide copies of civil case records for a fee.
Notwithstanding, the Maryland Judiciary Case Search portal is an excellent resource for searching circuit and district court cases originating from Montgomery County. Members of the public looking into probate cases in Montgomery County can access the Estate Search portal instead. Both platforms are searchable with a case party's name or a case number.
Montgomery County Criminal Court Case Records
A criminal court case record is the official record of a misdemeanor or felony case filed or transferred to a criminal court. Members of the public may utilize the following methods to obtain Montgomery County criminal case records:
- Visit the county circuit court in Rockville or one of the district court locations in Rockville or Silver Spring during regular business hours. However, it must be the court where the criminal charges were filed or the trial/hearing held.
- Contact the presiding court to learn how to find court records in person/via mail or obtain internet access to such records. The court can also be contacted to determine if a record is on file or accessible to the public.
- Search the Maryland Judiciary Case Search system to obtain certain criminal case information, such as a defendant's full name and address; date of birth; the case number, status, and type; bail bond information; charge and disposition information; and a list of documents filed during criminal proceedings.
How to Get Court Records Online for Free
Per Rule 16-904 of the Maryland Rules of Procedure, the Montgomery County courts do not charge persons who wish to inspect court records. Thus, members of the public can examine court records for free via internet portals provided by the courts, such as the Maryland Judiciary Case Search. However, anyone requiring copies of a court record must pay the associated fee.
Additionally, many third-party aggregate websites offer free access to court records online. An interested individual can typically search such sites with a case party's name (first and last) and a municipality/state. However, users may only have access to comprehensive court records with payment.
Courts in Montgomery County, Maryland
Below are the addresses and contact details of the courts in Montgomery County, Maryland:
Montgomery County Circuit Court
50 Maryland Avenue
Rockville, MD 20850
Phone: (240) 777-9400
Montgomery County District Court (Rockville Location)
191 East Jefferson Street
Rockville, MD 20850-2630
Phone: Civil - (301) 563-8800 | Traffic & Criminal - (301) 563-8800
Montgomery County District Court (Silver Spring Location)
8552 Second Avenue
Silver Spring, MD 20910-3364
Phone: (301) 563-8500
Montgomery County Orphans' Court
50 Maryland Avenue
Rockville, MD 20850-2397
Phone: (240) 777-9600
Fax: (240) 777-9602