A case file is the full set of documents, records, and evidence tied to a specific legal matter. In practice, when someone asks what a case file is, there are two different ones to know about: the official court file maintained by the clerk of court, which holds everything formally filed in the case and is generally a public record, and the working file kept by your attorney, which also contains internal notes, research, and strategy that never reach the court. Which file matters to you depends on why you’re looking.
What a Court Case File Contains
The exact contents vary by whether the case is civil or criminal, how far it progressed, and which court heard it. Most court files share a common structure, though.
- Initiating documents: the complaint or petition that starts the case, plus the defendant’s answer or response.
- Motions and orders: formal requests from either side asking the court to act, and the judge’s rulings on them.
- Discovery materials: documents exchanged between the parties during fact-finding, including interrogatories, document requests, and deposition transcripts. Much of this stays in the attorneys’ working files unless attached to a motion or introduced at trial.
- Evidence and exhibits: items formally presented to the court, such as photographs, contracts, medical records, or financial statements.
- Hearing and trial transcripts: written records of what was said in court.
- Judgments and final orders: the court’s ultimate decision.
The file also carries procedural paperwork most people never think about: proofs of service showing papers were properly delivered, scheduling orders, and the docket sheet that logs every action taken. The docket is essentially the table of contents for the whole file.
The Court File vs. Your Attorney’s File
These two overlap but are not the same thing, and the distinction trips people up. The court file is the official record held by the clerk. It contains every document formally filed, becomes a public record with limited exceptions, and anyone can generally view it.
Your attorney’s file is broader. It includes copies of everything in the court file plus material that was never filed: internal research memos, draft documents, notes from client meetings, correspondence with opposing counsel, and the attorney’s own strategic analysis. Some of this is protected by attorney-client privilege or the work-product doctrine, which shields an attorney’s mental impressions, conclusions, and legal theories from disclosure. When people talk about “the case file,” they usually mean whichever version is relevant to their situation.
How To Access a Court Case File
Most court records are public. Open access to judicial records is a deeply rooted principle in American law, and it extends to both paper files at the courthouse and electronic records available online.
Federal Records Through PACER
For federal courts, the main tool is PACER (Public Access to Court Electronic Records). Anyone can register for a PACER account to search and view records from federal district, bankruptcy, and appellate courts. The system is available around the clock, including weekends and holidays.1PACER: Federal Court Records. Register for an Account
PACER charges $0.10 per page, capped at $3.00 per document. If your total charges in a calendar quarter come to $30 or less, the fees are waived entirely. Court opinions are always free, and you get one free look at any document when you receive an electronic notice about it as a party to the case.2PACER: Federal Court Records. PACER Pricing – How Fees Work If you cannot afford the fees, individual courts may grant exemptions for indigent individuals, pro bono attorneys, academic researchers, and nonprofit organizations on a case-by-case basis.3PACER: Federal Court Records. Options to Access Records if You Cannot Afford PACER Fees
State Court Records
State courts run their own electronic access systems, and these vary widely. Some offer online portals where you can search by case number, party name, or attorney. Others provide limited online access and still require a courthouse visit or a written request. Fees, search tools, and the types of records available online differ from one jurisdiction to the next. Start with the specific court’s website to find its access procedures.
What’s Sealed, Restricted, or Redacted
Not everything in a case file is open to the public. Certain categories of records are routinely sealed or restricted, meaning you either cannot access them at all or need a court order to try. In federal criminal cases, the following documents are excluded from the public case file:4United States Courts. Privacy Policy for Electronic Case Files
- Unexecuted search and arrest warrants.
- Presentence investigation reports.
- Juvenile records involving defendants under 18.
- Juror and potential juror information.
- Sealed documents such as cooperation plea agreements, motions for reduced sentences based on cooperation, and victim impact statements.
- Financial affidavits filed by defendants seeking court-appointed counsel.
Beyond these categories, judges have broad discretion to seal individual documents or entire cases when privacy interests outweigh the public’s right of access. Adoption proceedings, mental health commitment hearings, trade secret disputes, and cases involving minors are common examples. Parties can ask the court to seal specific filings, but they generally need to show a compelling reason. Courts don’t seal records casually.
Even in documents that remain public, personal identifiers must be stripped out before filing. Federal Rule of Civil Procedure 5.2 requires anyone filing a document in federal court to redact Social Security and taxpayer ID numbers down to the last four digits, birth dates down to the year, minor children’s names down to initials, and financial account numbers down to the last four digits.5Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection For Filings Made with the Court The responsibility sits with the filer, not the court. An equivalent rule applies in federal criminal cases, and most state courts follow similar requirements with their own variations.
Getting Your File From Your Attorney
When your relationship with an attorney ends, whether the case is finished or you’re switching lawyers, you have the right to get your file. Under ABA Model Rule 1.16(d), a lawyer must surrender papers and property to which the client is entitled and take reasonable steps to protect the client’s interests during the transition.6American Bar Association. Model Rules of Professional Conduct – Rule 1.16 Declining or Terminating Representation
Most jurisdictions follow the “entire file” approach, meaning clients are entitled to receive essentially everything in the file. There are exceptions. Internal firm communications, the attorney’s personal assessment of the client, and materials that could endanger someone’s safety generally don’t need to be turned over. Your attorney may also charge you for the cost of copying.
One complication arises when you owe your attorney money. In many jurisdictions, attorneys can assert a “retaining lien” over the file, refusing to hand it over until the outstanding balance is paid or secured. Courts will sometimes override the lien if withholding the file would cause extreme hardship, for example if you’re mid-litigation with deadlines approaching and can’t afford to pay. That’s the exception. The simplest way to avoid the fight is to resolve any billing disputes before switching lawyers.
How Long Case Files Are Kept
Case files don’t exist forever. Both courts and attorneys eventually dispose of them, though the timelines differ by case type and who holds the records.
Federal courts follow detailed retention schedules. Key records like docket sheets, case indices, and judgment books are permanent and transfer to the National Archives 25 years after the case closes. The case files themselves vary: criminal cases that went to trial or involved national security, fraud, or the death penalty are archived permanently (paper after 15 years, electronic after 30), while non-trial criminal cases with shorter sentences are destroyed 15 years after closing. Misdemeanors and petty offenses handled by magistrate judges are destroyed after just 5 years, and expunged records are destroyed upon entry of the expungement order.7United States Courts. Guide to Judiciary Policy, Vol. 10, Ch. 6, Appx. 6B – Records Disposition Schedule 2
How long your attorney keeps your file is a separate question with no single national standard. The ABA has said that lawyers don’t have a general duty to preserve all files permanently and that file retention is largely a matter of business management rather than ethics. Many state bars reference a six-year period for certain required records like fee agreements and trust account documentation, though some materials warrant longer storage. Before destroying old files, attorneys are generally expected to notify the client and offer a chance to pick them up. If you think you may need the file later, ask about retention policy before the case wraps up rather than discovering years later that it has been shredded.