Freedom of Information - access to court records

Court Records

Court Records

All records created in relation to court proceedings are considered 'court records'. As these records relate to the business of the court, they are within the control of the judge concerned.

It is important to note that under the FOI Act, records of the Courts are subject to the restriction provided for under Section 42(a)(i). Therefore, court records are not accessible under the FOI Act.

Outside of the FOI Act, right of access to some court records is ordinarily reserved for parties concerned or their legal representatives.

Should you be seeking access to court records, please contact the relevant court office directly outside of FOI.

A comprehensive list of court offices nationwide can be found here.

All records created in relation to court proceedings are considered 'court records'. As these records relate to the business of the court, they are within the control of the judge concerned. Right of access to some court records is ordinarily reserved for parties concerned or their legal representatives.

Section 42 (a) (i) of the Freedom of Information Act 2014 precludes the release of court records other than a record relating to the general administration of the courts.

Section 42(a)(i) of the FOI Act specifically, it states that:-

'42. This Act does not apply to 
(a) a record held by

  1. the courts, (...) and relating to, or proceedings in, a court (...), other than - 
    ....

  2. a record relating to the general administration of the courts or the offices of the courts.'

The Freedom of Information Act does not apply to court records and therefore access to them cannot be granted under the Act.

Court records are under the control of the courts and not the Courts Service, in accordance with Section 65 of the Court Officers Act 1926 which states that:-

'all proofs and all other documents and papers lodged in or handed in to any court in relation to or in the course of the hearing of any suit or matter shall be held by or at the order and disposal of the judge or the senior of the judges by or before whom such suit is heard.'

Please see Contact Us for further contact details if you have any queries in relation to the above.

Court records are under the control of the judiciary and are not accessible under the Freedom of Information Act.

Outside of the Freedom of Information Act, right of access to some court records is ordinarily reserved for parties concerned or their legal representatives. Persons wishing to have access to a court record in court proceedings to which they are a party should firstly make inquiries of the Court Office where the case was heard.

An application for access to court records held on the court file and made by a person who is not a party to the case must be made directly to the court where the case was heard and put before the Judge for decision outside of the Freedom of Information Act. Applicants are advised to contact the Court Office concerned to seek further information on the applicable procedures.

Please be advised, however, that Courts Service staff is precluded from giving legal advice.

Find contact details for all court offices here.

Special procedures are in place for any party who wishes to apply for access to a recording of court proceedings (also known as the “DAR” recording). The Rules of Court governing the procedure to be followed when seeking access to any recording of court proceedings and the terms on which access may be allowed are prescribed in the following Statutory Instruments:

Any request for access to a recording of court proceedings must be made by formal application to the trial judge in the proceedings, and on notice to the other party or parties to the proceedings.

It is a matter for the judge to decide whether, and in what format, access to a recording of court proceedings is provided. If an application for court recordings has been granted by the judge, the applicant may have to pay the transcript costs (unless the judge directs otherwise). The cost of producing a transcript of a recording is approximately €200 per hour of audio recording.

Please Contact Us for further information if you have any queries in relation to the above