Forsyth County, Georgia State Court Records
Forsyth County court records are documents maintained by court clerks, such as the Forsyth County Clerk of Superior Court, about a legal case handled in the county. These records archive all trials and judicial actions for a particular case, ensuring everyone, including people who were not present at the hearing, can verify the details of the proceedings.
Forsyth County court records have an interconnected relationship with public records maintained by other departments in the county (e.g., arrest records, prison records, vital records, and property records). For example, arrests typically lead to criminal court cases and are documented in the resulting court file. Also, the outcome of divorce cases is reflected in the county and state's vital statistics.
Are Forsyth County Court Records Public?
Yes, court records in Forsyth County are public records. However, the courts in Georgia are fundamentally exempt from the Georgia Open Records Act. Instead, access to court records is guaranteed by the Georgia Constitution, while court rules, such as the Georgia Superior Court Uniform Rules, Rule 21, regulate access.
Per Rule 21 of the Georgia Superior Court Uniform Rules, members of the public may access the content of a court record to the extent to which that access is permitted by law or court rule. The court will restrict access to a record if it finds that the privacy harm that access will inflict on a person far outweighs the public interest. Juvenile records, adoption records, personally identifiable information (PII), and mental health and commitment records typically fall under such restricted categories.
What Information is Available in Forsyth County Court Records?
Public court records in Forsyth County usually contain the following details:
- The court handling the case
- The case number and filing date
- The identity of the parties in the case
- The case status
- The filed documents
- Court orders and judgments
Forsyth County Court Records Search
Forsyth County court records are mostly maintained by the Forsyth County Clerk of Court's Office. The clerk maintains records for the Superior, State, and Juvenile Courts.
Online Access
The Forsyth County Superior and State Courts rely on the statewide reSearchGA portal for hosting their records online. Individuals have to register for a free account to search by name or case number. Case dockets can be viewed on the portal for free; however, purchasing copies requires a fee.
Individuals can also request certified copies of court records from the Superior Court on the eCertification website. The copy will be processed and returned to the requester's email. This saves requesters the time they would have spent visiting the courthouse.
In-Person Access
For court records that are inaccessible online, such as the Cumming Municipal Court records, researchers may visit the courthouse. In-person access to court records existed before online case search portals were made, and it remains the most reliable way for accessing and obtaining copies of court records in Forsyth County. The Clerk of Court's Office at each courthouse processes access requests. Inquirers will have to submit a case number or name for the clerk to look for any matching records. Copies may then be obtained for a fee.
Mail and Phone Requests
Researchers may submit a written inquiry for a court record to a Clerk of Court's Office by mail and have the record returned to them the same way. The written inquiry should be a letter specifying the full names of the parties in the record, the case number (if known), the filing date, and the documents needed. The letter should be mailed alongside a self-addressed, stamped envelope and payment via check or money order.
Fees for Court Records in Forsyth County
The fees for court records in Forsyth County are regulated by O.C.G.A. § 15-6-77 for Superior and State Courts and O.C.G.A. § 15-9-60 for the Probate Court. The fees generally vary depending on the court handling the case and the type of documents needed.
These are the fees for obtaining copies in the county.
Superior and State Courts
- Standard Copy: 50 cents per page
- Non-Standard Copy: $1 per page
- Copies larger than 8½ x 14: $2 per page
- Certified Copies: $2.50 for the first (initial) page and 50 cents for each additional page
(Non-standard copies are unscanned copies that require staff assistance in duplication.)
Probate Court
- Standard Copy: $1 per page
- Certified copies of Letters of Personal Representative, Temporary Administrator, Guardian, or Conservator: $10 each
- Exemplified Copies: $15 plus standard copy fee
Forsyth County Courthouse Locations
Forsyth County is served by a Superior Court, State Court, Probate Court, Juvenile Court, Magistrate Court, and Municipal Court. The court addresses are below.
Forsyth County Superior Court, State Court, and Juvenile Court
101 East Courthouse Square
Cumming, GA 30040
Superior and State Court Phone: (770) 781-2120
Juvenile Court Phone: (770) 781-3099
Forsyth County Magistrate Court
1090 Tribble Gap Road
Cumming, GA 30040
Phone: (770) 781-2211
Forsyth County Probate Court
101 West Courthouse Square
Cumming, GA 30040
Phone: (770) 781-2140
Cumming Municipal Court
481 Merchant Way
Cumming, GA 30040
Phone: (770) 781-2002
Criminal Records Access in Forsyth County
Forsyth County criminal records are documents containing criminal information on an individual, as documented by criminal justice agencies. These records include arrests, jail/prison records, and conviction documents. A criminal record is usually maintained by the department that generated the record. For example, the Forsyth County Sheriff's Office maintains jail and arrest records, while the Forsyth County Clerk of Court manages criminal case files.
The State of Georgia sums up an individual's criminal record in a document known as a criminal history record, which is kept by the Georgia Bureau of Investigation (GBI). Forsyth County residents can obtain their criminal history record from the Forsyth County Sheriff's Office. Requests may be made in person.
A criminal case file for a felony or misdemeanor offense can be accessed at the Forsyth County Clerk of Court's Office or viewed online through the reSearchGA portal. The Cumming Municipal Court maintains records relating to ordinance violations within city limits.
Forsyth County Probate Records
Probate records in Forsyth County are documents that chronicle the administration of a person's estate after their death and the appointment of guardians over incapacitated individuals. Wills, estate inventories, trust-related documents, petitions, guardianship files, and conservatorship records are some examples of probate records in the county.
Forsyth County has a dedicated Probate Court that handles and manages probate records. These records are public by default, but sensitive details are withheld from disclosure. Individuals can search for probate records on the reSearchGA portal by name or case number. Individuals can also request copies of a record by calling the court or visiting the Clerk of Court's Office. An administrative search fee may be charged for certain requests.
Forsyth County Family Court Records
Family court records, also called Domestic Relations records, are files generated during litigation involving family members and domestic partners. These matters include alimony, divorce, child custody, child visitation, and paternity actions. The Forsyth County Superior Court oversees all family cases in the county.
Family court records are generally open to the public. Researchers can view family cases on the reSearchGA portal or visit the Clerk of Court's Office.
Federal Court Records in Forsyth County
A federal court record is a record maintained by a federal court regarding a legal case handled by the court. The U.S. District Court for the Northern District of Georgia is the federal court with jurisdiction over federal cases from Forsyth County.
The U.S. District Court does not have a physical courthouse in Forsyth County, so residents cannot inspect or obtain copies of a federal court record at a physical location in the county. However, individuals can search for the record on the federal judiciary's Public Access to Court Electronic Records (PACER) portal.
