Smith County Court Records

The Smith County courts receive and pass verdicts on all civil and criminal cases filed within the county. Such cases are often filed by individuals, companies, or the state against a person or organization suspected to be guilty of violating the code of Texas. Typically, legal proceedings, events, and outcomes within these case filings are categorized under “court records” or "case records".

Smith County court records are commonly accessible to the general public for building legal precedents, conducting legal research, settling civil disputes, and making criminal appeals. These include exhibits, affidavits, dockets, recordings, appeals, orders, verdicts, and other related case information under the purview of the county court clerk.

As part of the Texas court records family, these records ensure that the affairs of the judiciary are open to the public. Thus, stimulating the judicial education of the average person.

Are Court Records Public in Smith County?

Yes, court records are public in Smith County. Under the Texas Government Code, Chapter 552, the general public has a presumptive right to request publicly accessible government records without providing a reason for the request. However, public access to court and judicial records is not subject to this Act review (Per Curiam Rule 12 Decision).

Instead, such records pertaining to the adjudicative function are governed by the Common Law Right to Public Access and other common laws. Conversely, Rule 76a of the Texas Rules of Civil Procedure governs public access to county civil court records.

Per this rule, court records are open to the public unless withdrawn or sealed upon probable cause of significant interest, which outweighs this presumption of openness. On the other hand, judicial records are governed by Rule 12 of the Rules of Judicial Administration and are not open to the general public unless deemed necessary by judicial order.

Here are a few restricted court records in Smith County:

• Certain crime victim records
• Proceedings from family courts
• Records involving juveniles
• Sealed court records
• Adoption records
• Proprietary records and trade secrets
• Financial accounts and information
• Arrest warrants

Smith County Court Records Search

Individuals requesting Smith County court records may visit the following locations:

• The local courthouse where the case was adjudicated
• Query the county court clerk’s office.
• Access Smith County Court Records Inquiry
• Explore third-party aggregate databases

Smith County Court Records Search by Name

Smith County Court records are created and preserved by the Smith County Clerk and District Clerk’s offices. The clerk's office is charged with the responsibility of maintaining all documents for the County Court, the Commissioners Court, and the three County Courts-at-Law. On the other hand, the District Clerk’s office provides information regarding serious civil conflicts heard in Smith County Trial Courts and Courts at Law.

To retrieve such case information by name, the researcher must provide vital details to aid the case search. Typically, this is the name of a case party or case number. Anyone requesting these records can visit the clerk’s office in person during business hours at 200 East Ferguson, Suite 300, Tyler, Texas 75702.

Alternatively, residents can explore the Smith County Court Records Inquiry database from the comfort of their homes and offices. The Records Inquiry Database is an online web-based repository for finding case information such as date filed, case type, case status, and even court calendar. With a first, middle, or last name, or business name, individuals can find required case information.

Smith County Courts

The 1891 constitutional amendment established the basic structure of the Smith County court system. This confers Smith County District courts as the trial courts of general jurisdiction serving all the geographical areas of the county.

In addition, the Texas Constitution authorizes the existence of a county court, or “county courts at law” presided over by the county judge. In this regard, the county judge holds the title of “the head of the county commissioner’s court”. Smith County accommodates three county courts at law.

The addresses of these courts are below.

Smith County 7th, 114th, 241st, 321st , and 475th District Courts
100 North Broadway Avenue
Room 203
Tyler, TX 75702
Phone: (903) 590-1640
Fax: (903) 590-1641

Constitutional County Court/County Court At Law 1, 2 and 3
100 North Broadway Avenue
1st Floor
Suite 104
Tyler, Texas 75702
Phone: (903) 590-1611
Fax: (903) 590-1608

Commissioners Court
Precincts 1, 2, 3 and 4
Smith County Annex Building
200 East Ferguson
Suite 100
Tyler, Texas 75702

Justices of the Peace
JP Precinct 1
Smith County Courthouse Annex
200 East Ferguson Street
Suite 501
Tyler Texas, 75702
Phone: (903) 590-2601
Fax: (903) 590-2607

JP Precinct 2
15405 Highway 155 South Noonday
Tyler, Texas 75703
Fax: (903) 561-3310
Email: jcourt2@smith-county.com

JP Precinct 3
313 East Duval Street
P.O. Box 573
Troup, Texas 75789
Phone: (903) 590-4729
Fax: (903) 590-4739
Email: jp3courtstaff@smith-county.com

JP Precinct 4
14152 Highway 155 North
Winona, Texas 75792
Phone: (903) 590-4870
Fax: (903) 590-4887

JP Precinct 5
2616 South Main
P.O. Box 1075
Lindale, Texas 75771

Municipal Court
813 North Broadway Avenue
Tyler, TX 75702
P.O. Box 895
Tyler, TX 75710
Phone: 903) 531-1266
Fax: (903) 531-1369

Smith County Superior Court Case Search

Smith County does not have a designated Superior Court within its justice system. Rather, the county adjudicates civil, criminal, and probate matters in several jurisdictional courts, such as District Courts, County Courts at Law, Justice of the Peace Courts, and Municipal Courts. Each of these courts oversees diverse case types and complaints.

Unlike other US states, the highest trial court of general and special jurisdiction in Smith County is the District Court. In no particular order, below are the judicial responsibilities of these courts:

Smith County District Court Records

In Smith County, the District Courts are constitutionally recognized as the trial courts of general jurisdiction within the county. Per the Texas constitution, sparsely populated areas like Smith County may house many district courts. Thus, the county is served by four district courts.

The 321st District Court hears only family cases while the remaining three district courts adjudicate civil and criminal matters. Such cases are felony and misdemeanor criminal cases, election contest cases, civil matters in which the amount in controversy exceeds $200, divorce cases, probate cases involving land titles, and other concerns not assigned to another trial court.

Anyone interested in getting Smith County District Court records can query the District Clerk’s office. As established by Article 5, Section 9 of the Texas Constitution, the district clerk is recognized as the office of record for all legal proceedings heard in District Courts. Not just the district courts, but also records generated during certain civil and family matters in County Courts of Law.

Researchers can request records in person during office hours at this address:

100 North Broadway
Room 204
Tyler, Texas 75702
Phone: (903) 590-1660
Fax: (903) 590-1661

Per GC 51.319(3), the Smith County District Clerk's offices may charge a nominal fee for sending a regular copy of the requested court document by email. 0-15 pages cost $1 per page, while 16 pages and above cost $15 per document. Conversely, a certified copy or printed paper copy of a court record costs $1 per page.

Finally, attorneys of law looking to access the district clerk's documents may apply for the court’s Subscription Agreement at an applicable fee. This Attorney WebAccess System allows subscribers to view and make unofficial copies of public case information of legal proceedings held in the Smith County District Court (Civil, Family, and Criminal), including financial information. Parties of interest can also consult the Felony Appearance Schedule for unindicted arrest appearances.

Smith County Criminal Records

Anyone requesting Smith County criminal records may visit the Smith County Sherriff’s Office. Generally, local law enforcement agencies in charge of the arrest receive requests to review criminal information, including Smith County arrest records at a nominal fee.

That said, the Texas Crime Records Division (CRD) acts as the State Control Terminal for accessing criminal history conviction information. Requesters can obtain personal and public criminal records by name and fingerprint-based checks.

Requesters can obtain Name-Based Results of defendants reported to the Texas Department Of Public Safety with a conviction or deferred adjudication. Users must create a public account and buy search credits to perform single and multi-entry criminal record searches on the database.

The required search parameters include:

• First, and last name (Required)
• Maiden or middle name (Optional)
• Date of Birth (Optional)

Once entered, the public criminal history record database will provide information on arrests, prosecutions, and disposition of cases for persons arrested for class B misdemeanor or Class C convictions. However, the DPS cannot guarantee the accuracy of information obtained through the database concerning the record holder. Hence, the best way to positively link an individual to a criminal record is through fingerprint identification.

A Fingerprint-Based Applicant Criminal History Check is only available to employers, licensing agencies, and applicants like childcare providers, teachers, security and armed guards, security system contractors, and others. To aid quick results, the DPS has approved a vendor to implement the Fingerprint Applicant Services of Texas (FAST). Applicants can contact the DPS Fingerprint Services Unit for more information on the FAST program.

Smith County Criminal Court Case Lookup

Criminal misdemeanor cases are typically filed in the Smith County District Courts, County Courts at Law, and Justices of the Peace Courts. The County Courts at Law Courts have original jurisdiction over all Class A and Class B misdemeanor criminal cases, which are the most serious minor offenses. On the other hand, the Justice of Peace Courts maintain original jurisdiction over all Class 'C' criminal misdemeanor cases punishable by fine only.

Anyone can perform a criminal case lookup in Smith County by visiting the court where the misdemeanor, felony, or infraction was held. To obtain criminal court case information, the record custodian or district clerk will typically require the defendant’s name or case number for ease of retrivial. Individuals can also contact the Misdemeanor Deputy Clerks to request copies of documents via email at crimcopies@smith-county.com.

In addition, requesters can explore the Smith County Court Records Inquiry database to view criminal proceedings within the county courts.

Get Smith County Civil Court Records

In Smith County, the Civil County Courts at Law, District Courts, and Justice Of The Peace Courts share concurrent jurisdiction over all civil cases. Civil cases in this regard are simply personal actions filed by a suing party (the plaintiff) to request payment or fulfillment of a promise by the (defendant).

Such civil court records contain pertinent information and files associated with a civil proceeding held in a reputable court. For example, disputes between parties, and civil claims where the amount in controversy is between $500.00 and $250,000.00.

Anyone who wishes to get Smith County Civil Court records can visit the physical location of the court where the case was filed and heard to inspect or copy records. The County Clerk serves as the Clerk of the Court for the Civil County Courts at Law. Requesters can also query the Civil Deputy Clerks for copies of documents via email at cc-civil@smith-county.com at a service charge of $80 per the fee schedule.

Finally, one can explore the Smith County Court Records Inquiry database to view civil court proceedings within the county.

Smith County Family Court Records

The Smith County 321st District Court is designated to hear only family law cases within the county. Here, pertinent family conflicts are filed and settled. For example, child support, divorce, child custody, adoption, and other family-related concerns. Anyone looking to get family court records in Smith County can visit the district clerk in person during office hours. The 321st District Court Family Deputy Clerk can also be reached at (903) 590-1687 for any record inquiries.

Finally, record seekers can visit the Smith County Court Record Inquiry System for web-based family court records. That said, certain records are withdrawn from public disclosure to protect the privacy of involved parties, especially in cases involving minors.

Smith Dissolution of Marriage Records

Public members looking to obtain dissolution of marriage records in Smith County can visit the County Clerk’s office. Such records provide adequate information in connection to the end of a marital union. Dissolution of marriage records is typically categorized as family court records and can be requested from the Smith County Court’s Clerk's office by following previously stated guidelines.

Smith County Marriage and Divorce Records

In Smith County, marriage and divorce records are maintained by separate elected offices. While the District Clerk holds access to divorce records, the county clerk is the chief custodian of vital records, including divorce records. Anyone looking for Smith County divorce records can submit written or oral requests to the Smith County District Court Clerk's office, as mentioned above.

However, the methods of obtaining certified copies of the Smith County marriage certificate are different. The following steps are familiar:

• To request a Certified Copy of the Smith County Marriage License, applicants may visit the physical location of the clerk’s office located at 200 East Ferguson, Suite 300 in the Smith County Courthouse Annex Building (corner of Spring & Ferguson). Visiting hours are typically within lunch hours.
• Requesters can also fill out and mail the form along with the $21 fee in a cashier's check, money order, or one-time debit/credit card authorization form, (made payable to Smith County Clerk) and a self-addressed stamped envelope for license return to the address below:

Smith County Clerk’s Office
Attn. Marriage License
200 East Ferguson Street
Suite 300
Tyler, Texas 75702

• One must provide the date of marriage, names of the marriage applicants, name of the requestor, relationship to applicants, address, and signature.
• The clerk’s office can only provide a "Certificate of Marriage" to people who previously filed their Marriage License with the Smith County Clerk's office.
• Note that a Certificate of Marriage is not admissible as a certified copy of the Marriage License, and cannot be used as a legal document, or for legal purposes.
• Meanwhile, the Smith County Certificate of Marriage is appropriate for framing and costs $25 to purchase.

The FAQ section provides more helpful guidelines for requesting marriage licenses and Smith County divorce decrees. Finally, applicants can visit the Vital Statistics Unit in Austin, Texas to obtain any of these records in person or online. However, the Vital Statistics Section only maintains public indexes of Texas marriages since 1966 and Texas divorces since 1968. Hence, one may not find verifications for marriages before 1966 and divorces before 1968.

Before ordering in person or online via the state Vital Statistics Department, it is necessary to check public indexes available to verify that the year of marriage or divorce is available.

Still, unavailable records can only be obtained from the county where the marriage license was issued or the district clerk where the divorce decree was issued. Also, one can only get certified copies of marriage licenses from the county clerk, and certified copies of divorce decrees are only available from the district clerk.

Smith Birth and Death Records

The Smith County Vital Statistics Department of the County Clerk’s Office serves as the chief custodian of all vital records in the county, including birth and death records. Anyone looking to obtain a Smith County birth or death certificate from the Vital Statistics can submit a request in person, by phone, or via mail.

However, per Texas Government Code 552.115, birth and death records are classified as “closed” records. Thus, access to such records is typically restricted from the public until the 75th anniversary of the date of birth. On the other hand, death records are not part of Smith County's public records until 25 years after the death. Only qualified applicants, legal representatives, and immediate family members can order these records for themselves or on behalf of the record holder.

Requests for certified copies of birth or death certificates via mail along with a self-addressed stamped envelope can be sent to the following address:

Smith County Clerk
Attn: Vitals
200 East Ferguson Street
Suite 300
Tyler, TX 75702

Also, requests for a certified copy of any vital record in Smith County must be accompanied by a copy of the applicant’s government IDs, like a driver's license and notarized proof of identity along with a money order or a cashier’s check for $23 payable to “Smith County Clerk”.

Death certificate costs $21 for the first certified death certificate and $4 for each additional certificate requested simultaneously. Note that the maximum number of birth records issued to individuals cannot exceed 10 per lifetime.

The following are noteworthy:

• Anyone born or deceased in the State of Texas after 1926 may access the Texas Department of State Health Services Remote Birth database to obtain abstract-style birth or death certificates dated 1926 to the present. The abstract birth certificate is admissible as a certified legal document.
• However, people born or deceased in Texas before 1926 must contact the Smith County Clerk’s office as outlined above. They may also contact the Department of State Health Services.
• Again, the clerk’s office issues long-form birth certificates for births that occurred outside the City of Tyler, Smith County only from 1896 to the present. To obtain a long-form birth certificate, parties of interest may contact the Northeast Texas Public Health District at (903) 535-0030 or (903) 535-0031
• The Smith County Clerk’s office issued delayed birth certificates for births that occurred within the county.
• Those born in international countries but are US citizens at birth may contact the Passport Services, Vital Records Section, U.S. Department of State, at 1111 19th Street North West, Suite 510, Washington DC 20522-1705.

Smith County Probate Court Records

In Smith County, the probate court adjudicates all probate matters related to the guardianship of incapacitated persons, estates of deceased persons, and guardianships for minors. The Smith County Probate Court operates as a Constitutional Court under the jurisdiction of the County Court at Law 3.

To get Smith County probate court records, individuals may visit or contact the County Clerk’s office. The office serves as Clerk of the Court for the Smith County Probate Court. Also, the Clerk's Probate Division provides letters of guardianship, citations, letters of testamentary, notices, and other vital probate documents as requested by the public or required by statute.

One may request probate court records in person, or online at a nominal fee. However, images can only be obtained from the County Clerk’s office during office hours. To request copies of probate records via email, parties of interest can contact the Probate Deputy Clerks at probateemployees@smith-county.com.

Smith County Property Records

The Smith County Clerk serves as the keeper of records for all official public records, including real property, and personal property located within the county. Anyone wishing to obtain Smith County property records can visit the office in the basement (lower level) of the Ferguson County Courthouse during official business hours.

All documents on real property records are typically accessible via the Official Public Records Index Database provided by the county clerk’s office. This includes leases, deeds, tax liens, and affidavits. Users can retrieve property information by searching the database with the name of the grantor or grantee, document type, subdivision, or document number.

Smith County Court Records Online

Anyone looking to find Smith County court records online can explore third-party platforms for various record information, including property records. One major advantage of using these sites is the convenience of finding versatile court case information across counties within the state and even the US.

In addition, third-party aggregate websites, like Texascourtrecords.us, provide access to other public records, such as Smith County arrest records and probate records. However, one limitation to consider is the accuracy and legibility of information provided on these sites since they collate most information through publicly available databases.