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AVAILABLE PUBLIC RECORDS

Online Search
Currently, the dockets and records of the Delaware County Probate Court are not available to search or copy on-line.

Public terminal
During the hours that the Court is open a public terminal is available in the court lobby for reasonable usage for computerized name search of the Court's dockets.

Records are maintained on a variety of media, depending on the dates and type of record involved.  Some of the records are stored off site and are available at the Delaware County Records Center, 2079 US 23 North, Delaware, OH 43015, phone (740) 833-2140   

Marriage records from 1996 to the present can be found in the Delaware County Probate Court.  Marriage records prior to 1996 will be located at the Records Center.

Estate records from January 20, 1950 to the present can be found in the Delaware County Probate Court.  Some of the records are on On-Base (since 2003), some can be located on microfiche and some are on microfilm.  Records prior to January 20, 1950 will be located at the Records Center. 

Public Access to Court Records

"Court records are presumed to be open to public access."  This statement is set forth in the Rules of Superintendence 45(A) adopted by the Supreme Court of Ohio effective July 1, 2009. This presumption is limited by other federal and Ohio statutes relating to particular types of cases and case filings (including, but not limited to, adoptions, involuntary court ordered treatment for alcohol or other substance abuse, and mental illness civil commitments) and personal identifiers.

The Supreme Court of Ohio has prepared "Frequently Asked Questions" regarding the public's access to court records.  This explanation can be accessed at:

http://www.supremecourt.ohio.gov/Boards/superintendence/PAR/FAQ.pdf

The following is the Supreme Court of Ohio's summary overview of the applicable Supreme Court of Ohio Rules of Superintendence:

Sup. R. 44-47 - Public Access Rules

Summary Overview

  1. Courts have voluntarily complied with R.C. 149.43 (Public Records Act).
    1. Three major distinctions between the Public Access Rules and Public Records Act:
      1. Redaction or omission of "personal identifiers" (SSNs, financial information, juvenile names, etc.) by filing party. Submission of personal identifiers on a separate form.
      2. Expressly permits a clerk or court to provide remote (Internet) access to a court record.
      3. Codifies existing court practices that permit parties and nonparties to seek, by motion, the redaction or removal of a case document, or conversely access to a case document.
  2. Court Records - Definitions Sup. R. 44
    1. A "court record" means a case document and an administrative document.
    2. A "case document" means (1) a document and information in a document submitted to a court or filed with a clerk of court in a judicial action or proceeding, and (2) any document prepared by the court or clerk in the judicial action or proceeding.
      1. A case document does not include:
        • a document exempt from disclosure under state, federal, or the common law
        • personal identifiers
        • information restricted by Sup. R. 45(E)
        • certain juvenile records
        • notes, drafts, recommendations, advice and research of judicial officers and staff.
        • information on or obtained from the Ohio Courts Network and related data fees.
    3. An "administrative document" means a document and information in a document created, received, or maintained by a court that serves to record the administrative, fiscal, personnel, or management functions, policies, decisions, procedures, operations, organization, or other activities of the court.
      1. An administrative document does not include:
        • a document exempt from disclosure under state, federal, common law, or the Rules for the Government of the Bar
        • personal identifiers
        • security documents
        • court employment examination documents
        • computer programs and codes
        • information contained on or obtained from Ohio Courts Network and related data feeds.
  3. Public Access – Sup. R. 45
    1. Presumption of public access
    2. Direct Access – courts and clerks shall make a court record available, promptly acknowledge the request, and respond in a reasonable period of time.
    3. Remote Access- may make a court record available by remote access as long as the online version is identical.
    4. Omission of personal identifiers
      1. Definition of personal identifiers.
      2. Omitted or redacted and filed on a separate form.
      3. Responsibility of the party filing the document.
      4. Do not refuse a document that contains personal identifiers
    5. Restricting public access
      1. Motion filed by parties or non-parties or upon a court's own order to restrict public access to information or case document.
      2. Court to decide restriction based on clear and convincing evidence, that presumption is outweighed by a higher interest. (Factors).
      3. Least restrictive means available:   redaction, restricting remote access, time, generic titles in case management systems, initials for parties' proper names.
      4. Journal entry to reflect court's order.
    6. Obtaining access
      1. Any person on written motion may request access to a document restricted by the court.
      2. Clear and convincing evidence, presumption outweighs the higher interest. (Factors)
  4. Bulk Distribution  Sup. R. 46
    1. Any person may request a bulk distribution of information from court records.
    2. A clerk, in their discretion, may create a new compilation customized for the convenience of the person who requests the bulk distribution.
  5. Application   Sup. R. 47
    1. The public access rules regarding the omission, redaction, or the restricting of access to case documents will apply only to actions commenced on or after July 1, 2009.
    2. The public access rules regarding the omission, redaction or restricting access to administrative documents apply to all documents regardless of when they were created.