Getting Court Records

Idaho Court Administrative Rule 32 governs access to judicial records. This is not the same as Idaho's public records law, Idaho Code §§ 9-337 to 9-342. ICAR 32 covers all court records, which includes almost everything in the possession of the court or its staff, whether or not it is filed in a case.

The Idaho Statewide Trial Court Record System, known as ISTARS, is a computer system used by Idaho's trial courts to assist in the processing of all cases filed at the trial court level. The case file serves as the official court record and includes all documents filed in that case. Information on individual cases, including the register of actions, is accessible on the Idaho Supreme Court Web site at: https://www.idcourts.us/repository/start.do .

Ask a clerk for assistance in using ISTARS on a public access terminal if one is available. Remote access to most ISTARS records is planned for the future. A county-by-county list of public access terminals is included in the Appendix to this Guide.

Idaho Supreme Court Data Repository
In January 2008, the Idaho Supreme Court opened the Data Repository Web site to the public, to provide information on the status of trial court cases in all 44 counties in the state of Idaho. Electronic records are available from 1995 forward, although some information for older cases may be available.

This information is displayed according to Idaho Administrative Rule 32. The status of both pending and closed cases is available to the public. However, to ensure personal privacy, the following information is not given out to the public: The first six characters of social security numbers, street addresses, telephone numbers, and any personal identification numbers (including motor vehicle operator's license numbers and financial account numbers).

Every effort will be made to update the Web site each night to reflect changes made to the court record during the previous working day by trial court personnel. The Web site is provided as a convenience for your use and if there are any questions regarding case information, please contact the office of the clerk of the District Court in the county where the case occurred for further clarification. Link to Repository: https://www.idcourts.us/repository/start.do

Records, whose release would endanger innocents, invade privacy, defame, humiliate or ridicule innocent individuals, disclose proprietary business records or trade secrets, or otherwise make public certain private facts may be sealed or redacted by the court.

Juvenile records: Access to Juvenile Correction Act records is governed by Rule 32 of the Idaho Court Administrative Rules. Following the juvenile's admit/deny hearing, case records and files are open unless the court enters an order exempting them from disclosure. If a juvenile is adjudicated guilty of an act that would be a criminal offense if committed by an adult, the name, offense, and disposition of the court are open to the public. However, if the juvenile is found not to have committed the act or the charge is reduced to less than a felony if committed by an adult, the court may close all those case records and documents.

Trial transcripts and recordings: Typewritten transcripts of proceedings are sometimes part of the court record. A copy may be obtained for the cost of reproduction. A special request can be made for a typewritten transcript of a proceeding; however, the cost could be significant. Audio records of a proceeding can be reproduced, but listening to extensive real-time proceedings may be less efficient than buying a transcript.

Requesting a court record: A detailed description of the court rules regarding access to records may be found in Idaho Court Administrative Rule 32.

An initial records request should be submitted to the official custodian of a court record, identified below. Most requests to see a court record need not be in writing; simply ask the clerk for a record by its case number, or if you do not know that, the case name. If the record is not readily available, or if there is doubt as to its openness, put your request in writing. A sample request form is included in the Appendix to this Guide. A records request form that can be downloaded, filled out and submitted for approval can be found on the Court’s Web site at http://www.isc.idaho.gov/recordrq.rtf.

The custodian has up to three working days to either disclose the record; notify the requestor that it will take more than three days to determine if the request should be granted (in this case the custodian has ten working days to respond); refer the request to the appropriate custodian judge; or deny the request in writing.

Alternate: If a custodian denies a request, the requestor has the right to appeal to the custodian judge. If the custodian judge also denies access, the matter can be pursued in court under Idaho Code § 9-343.

Custodians: Custodians are those persons who have primary responsibility for maintenance and distribution of a record.

Custodian Judges: Custodian judges are those who hear appeals after a records request has been denied by a custodian. The custodian judge will vary depending upon the location of the requested record.