Smith County Court Records

Defined by Rule 34 of the Tennessee Supreme Court Rules, court records encompass all documentary materials from proceedings initiated to settle a civil (non-criminal) action, prosecute a criminal offense, or otherwise seek the court's judgment on a particular legal issue.

Court records in Smith County are preserved by the county's local trial courts and include motions, affidavits, complaints, orders, and judgments. Although distinct from the Smith County arrest records, which are held by law enforcement bodies, both documents form essential segments of an individual's criminal history within Tennessee. Court records also serve as crucial devices for enhancing judicial accountability and transparency.

Are Court Records Public in Smith County?

Yes. In accordance with Supreme Court Rule 34 and the Tennessee Public Records Act, the public possesses the legal right to inspect public records maintained by courts within Smith County, as well as courts throughout the State of Tennessee. This right of access provides for the widespread inspection and copying of public court records, except for records expressly excluded from dissemination by state law, court rule, or court order. Consequently, Smith County courts retain several documents that cannot be released to the general public but may be available to the parties involved or other statutorily authorized entities. Examples of these confidential records include:

• Juvenile court records
• Medical records
• Proprietary information
• Criminal investigative records
• Personally identifying information, like a tax identification number or home address
• Order of protection proceedings

Smith County Court Records Search

The public has several options for searching for Smith County court records, most often by conducting an in-person search at the courthouse where the case was filed or heard (also called the presiding court).

Individuals may also explore these channels:

• Write to the clerk of the presiding court.
• Utilize online portals maintained by courts. An example is the Public Case History tool that allows individuals to look up local cases appealed to the Tennessee Supreme Court, Court of Appeals, or Court of Criminal Appeals.
• Access public records databases provided by third-party data aggregators.

Smith County Courts

Smith County's judicial system comprises multiple trial courts that address and resolve legal actions, controversies, or disputes filed within their jurisdictions. These courts include the Circuit, General Sessions, Chancery, Juvenile, Probate, and Municipal Courts. A comprehensive county court directory is outlined below:

Smith County Circuit Court
322 Justice Drive
Suite 115
Carthage, TN 37030
Phone: (615) 735-0500
Fax: (615) 735-8261

Smith County General Sessions & Juvenile Courts
322 Justice Drive
Carthage, TN 37030
Phone: (615) 735-0500
Fax: (615) 735-8261

Smith County Chancery & Probate Courts
322 Justice Drive
Suite 105
Carthage, TN 37030
Phone: (615) 735-2092
Fax: (615) 735-8431

Municipal (City) Courts in Smith County

Carthage City Court
314 Spring Street
P.O. Box 259
Carthage, TN 37030
Phone: (615) 735-2525

Gordonsville City Court
63 East Main Street
P.O. Box 357
Gordonsville, TN 38563
Phone: (615) 683-8282

South Carthage City Court
106 South Main Street
South Carthage, TN 37030
Phone: (615) 735-2727

Smith County Criminal and Civil Records

Legal proceedings documented by courts in Smith County, Tennessee, originate from either civil or criminal actions, resulting in their designation as either "civil court records" or "criminal court records".

Civil court records stem from noncriminal cases, such as breach of contract, tort, dissolution of marriage, or probate. Documents that may be found in such court files include petitions/complaints, declarations, agreements, proofs of service, orders of protection, answers, and final judgments.

On the other hand, Smith County criminal court records are the end products of legal proceedings initiated by the government to ascertain whether an accused individual is guilty or not guilty of an alleged crime. Records found in a criminal court file include witness statements, police reports, warrants, criminal complaints or informations, and the Smith County arrest records pertaining to the case.

Smith County Marriage Records

Marriage records indicate the presence of a lawful union between two individuals. Smith County marriage records are domiciled in the Tennessee Office of Vital Records, which issues Certified Copies of Marriage Certificates to qualified applicants (e.g., the current spouses) and Verifications of Marriage Facts to all other parties. It costs $15 for verification or a certified copy. The Office of Vital Records, however, only maintains marriage records for 50 years from the present date.

Smith County marriage records more than 50 years old are available through the County Clerk’s Office or the Tennessee State Library and Archives.

Smith County Divorce Records

Smith County divorce records are managed by two distinct government bodies, with the availability of records dependent on the type of record being requested. Divorce court records, specifically, are kept by the Smith County Circuit Clerk's Office. However, because Chancery Courts have concurrent jurisdiction over divorce cases, records may also be found with the Smith County Clerk and Master's Office. Request fees and procedures can be obtained by contacting the respective clerk's office; however, it will be necessary for the requester to know, at least, the case number or a case party's name.

Conversely, the Tennessee Office of Vital Records issues Certified Copies of Divorces or Annulments to eligible parties (like the divorced parties) and Verifications of Divorce or Annulment Facts to all other applicants. Any request for verified information or a certified copy costs $15. Older divorce records (from 50 years and earlier) can be procured from the Tennessee State Library and Archives.

Smith Birth Records

Birth records reveal the occurrence of a birth within a specific jurisdiction. Smith County birth records (certificates) are issued by the Tennessee Office of Vital Records or local county health departments.

Vital records offices maintain birth records for the first 100 years of a birth event. During this period, only parties defined under T.C.A. § 68-3-205, such as the registrant and their parent(s), can be provided access. Request forms are available on the State Vital Records Office's Applications webpage. Each certificate costs $15. Notably, the Tennessee Vital Records Office can issue a Verification of Birth Facts for $15 to any requester.

After the 100-year window, birth records become public and are transferred to the Tennessee State Library and Archives, where they can be inspected or copied by any member of the public for family research or other purposes.

Smith Death Records

Smith County death records can be acquired either through the Tennessee Office of Vital Records or local county health departments, such as the Smith County Health Department. These documents officially record an individual's demise and provide proof of death for legal, financial, and administrative purposes.

The Tennessee Office of Vital Records issues death certificates (w/ cause of death information) to eligible parties, such as the deceased's immediate family members. Nonetheless, the department can issue a Verification of Death Facts (w/o cause of death) to any person. A verification or certified copy costs $15.

Vital record offices maintain death records for 50 years in accordance with T.C.A. § 68-3-205. Once these 50 years have lapsed, the records are sent to the Tennessee State Library and Archives, where they can be accessed for genealogical reasons.

Smith County Probate Court Records

Official documentation from probate proceedings in Smith County (wills, estate administration, etc.) is maintained by the Clerk and Master of the local Chancery Court. These probate court records can be obtained by visiting the clerk's office during regular business hours. Alternatively, one can contact the clerk's office at (615) 735-2092 to inquire about alternative access procedures and associated fees.

Smith County Property Records

The "Smith County property records" are a collection of official records managed primarily by the local Register of Deeds and Property Assessor in relation to a specific piece of real property or real estate located within the county.

Property records, such as deeds, easements, powers of attorney, releases, liens, plats, and surveys, are maintained by the Smith County Register of Deeds. These records can be acquired by visiting or contacting the Smith County Register, or by utilizing online portals featured on the Register's website. When searching for records at the Register's office, one may need details such as the grantor/grantee's name, book/page reference, or instrument number.

Smith County Register of Deeds
122 Turner High Circle
Suite 114
Carthage, TN 37030
Phone: (615) 735-1760
Fax: (615) 735-8263

Meanwhile, property records preserved by the Smith County Property Assessor pertain to local valuations or assessments performed by the office. These records are accessible via the Tennessee Property Assessment Data portal or at the address below:

Smith County Property Assessor
122 Turner High Circle
Suite 106
Carthage, TN 37030
Phone: (615) 735-1750
Fax: (615) 735-8259

Smith County Court Records Online

Smith County court records are accessible through local courts, but unlike some other counties, the courts do not offer online (remote) access to these records. For online searches of court case data, individuals may use third-party platforms, such as Tennesseecourtrecords.us. User advantages include instant results, faster processing, and extensive databases. However, users should be aware of limitations concerning completeness and accuracy. Therefore, it may be necessary to verify sourced data with an official source.