Upshur County, Texas State Court Records
Under Rule 7a of the Rules of Civil Procedure, Upshur County court records in both civil and criminal cases include any document filed in connection with the proceedings. These local records are maintained by the Upshur County trial courts. Court records, while public files maintained by the judiciary, may incorporate other documents, such as arrest and vital records.
Are Upshur County Court Records Public?
Yes. Access to court records maintained in Texas is not regulated by a single statute. Rather, several laws, including common law, court rules, and court orders, provide access to these records. For example, Rule 76a of the Rules of Civil Procedure establishes a presumption that court records in Texas, including Upshur County, are open to the public.
Despite this presumption of openness, some records (or portions of them) are exempt from public disclosure. For example, Rule 21c of the Rules of Civil Procedure requires the redaction of sensitive information, such as Social Security numbers, tax identification numbers, and certain information relating to minors, from public filings. Sealed records are also not available to the public.
What Information is Available in Upshur County Court Records?
Because Upshur County courts handle a diverse range of civil and criminal proceedings, the specific details and documentation in a case file may vary. However, Upshur County court records often consist of the following primary elements:
- Details of the parties involved and their legal representatives (plaintiff, respondent, attorney(s), judge)
- Case information, such as the case number, filing date, county of filing, charges, case title/caption, and other case-specific details
- Case documents, such as petitions, motions, orders, judgments, and settlement agreements
- Disposition (which reflects the outcome or resolution of the case)
Upshur County Court Records Search
Upshur County court records are maintained by the clerk of the court where the case was handled (e.g., the County Clerk, District Clerk, municipal clerk, or justice of the peace). Depending on the type of record, these records may be accessed online, in person, or by mail.
|
Access Method |
Platform/Database |
Requirements |
Processing Time |
Fee |
|---|---|---|---|---|
|
Online |
Varies by court. For instance, the Upshur County Clerk, who manages records from the County Courts, maintains two distinct Judicial Records Databases (Tip: Check the County Clerk's left-hand menu for database links) |
The name of a party involved in the case or the case number |
Immediately |
Free |
|
In person |
Courthouse visit (where the case was filed). Visitors can inspect records or request copies from staff, if needed |
Name, case number, or filing date range |
Same day |
Most searches can be done at no cost; however, family law case searches may require the payment of a fee |
|
Mail request |
Written request submitted by postal mail |
Name, or case number |
Varies (confirm with custodian) |
Nominal fee for copies |
Fees for Court Records in Upshur County
The cost of record requests in Upshur County varies. Online and in-person searches are usually free, but copies cost a fee. For example, the following fees apply when obtaining records from the Upshur County District Clerk's Office:
- Family records search: $5 per search
- Certified copy of family law records: $1
- Certified copy of a civil record: $8 per document
- Copy of record: $1
- Name change certificate: $10
The fees applicable to a request should be verified with the appropriate court clerk's office.
Upshur County Courthouse Locations
Upshur County has more than 10 judicial trial courts. These include a District Court, a Constitutional County Court, several Justice of the Peace Courts, and Municipal Courts.
The Upshur County 115th District Court handles civil, felony, juvenile, and family law cases that fall outside the jurisdiction of lower courts. It exercises the highest level of trial court jurisdiction within the county. The court is located at
Upshur County 115th District Court
Upshur County Justice Center
405 North Titus Street
Gilmer, TX 75644
Phone: (903) 843-2836
Fax: (903) 843-5109
The Constitutional (County) Court handles Class A and Class B misdemeanors, such as driving under the influence, certain minor civil disputes, and probate matters. The court is located at
Upshur County Constitutional Court
100 West Tyler Street
Gilmer, TX 75644
Phone: (903) 680-8113
Fax: (903) 843-4504
The Upshur County Justice of the Peace Court handles Class C misdemeanors, the issuance of warrants, examination trials, stolen property claims, eviction cases, and small claims involving damages not exceeding $20,000. These courts are located at
Upshur County Justice of the Peace Precinct 1
301 East Butler Street
Gilmer, TX 75644
Phone: (903) 680-6269
Fax: (903) 680-6769
Upshur County Justice of the Peace Precinct 2
405 North Titus Street
Gilmer, TX 75644
Phone: (903) 843-5023
Fax: (903) 843-4772
Upshur County Justice of the Peace Precinct 3
2498 West Upshur
Gladewater, TX 75647
Phone: (903) 680-8350
Fax: (903) 844-0103
Upshur County Justice of the Peace Precinct 4
216 Titus Street
Gilmer, TX 75644
Phone: (903) 843-4039
Fax: (903) 843-5347
Municipal Courts in Upshur County have the lowest jurisdiction, often limited to city/town boundaries. The Municipal Court handles matters of violations of city ordinances. These courts are situated at the following addresses:
City Court
119 East Gilmer Street
Big Sandy, TX 75755
Phone: (903) 636-5534
103 Municipal Drive
Gilmer, TX 75645
Phone: (903) 297-6041
110 Buffalo Street
Gilmer, TX 75644
Phone: (903) 843-2552
302 East Main Street
Ore City, TX 75683
Phone: (903) 968-2511
Fax: 903-968-6996
Email: utilities@orecitytx.org
Upshur County also has a Commissioner's Court, but it holds no judicial trial authority. Instead, it serves as the county's governing body and administers county affairs.
Criminal Records Access in Upshur County
Members of the public may sometimes mix up Upshur County criminal history records with Upshur County criminal case records. The table below highlights the key differences between them.
|
Criminal History Records |
Criminal Case Records |
|---|---|
|
Maintained by the Texas Department of Public Safety (DPS) |
Maintained by the Upshur County court that handled the criminal case |
|
Available through online and mail requests |
Available through online, in-person, and mail requests |
|
Searchable by name or fingerprints |
Searchable by name or case number |
|
Maintained at the state level |
Maintained at the county level |
|
Online access requires registration |
Access through the case management systems provided by courts within Upshur County's judiciary typically does not require registration |
|
Requests incur a fee |
Searches may be free, but obtaining copies of records usually requires payment of a nominal fee |
Upshur County Probate Records
Probate matters in Upshur County are exclusively handled by the Upshur County Court, but the 115th District Court has jurisdiction over highly contested probate cases. Upshur County probate records contain information from probate proceedings handled in the county. These records are generally accessible to the public. However, statutory limitations may restrict access to certain records. Probate records encompass wills, estates, guardianships, and conservatorships.
Probate records are available through the County Court. These can be obtained in person, by mail, or by utilizing the County Clerk's online Judicial Records Databases.
Upshur County Family Court Records
Family matters in Upshur County include adoption, paternity, dissolution of marriage, child protective services, domestic abuse, and protective orders. The 115th District Court handles these cases. Family law records are accessible to the public, although access might be restricted by statute or court order.
Members of the public can inspect available family law records in person at the District Clerk's Office. This is often the best option for obtaining records that are unavailable online (check with the clerk for web availability) or have limited online access, or for requesters who require certified copies. Requesters can also submit requests for copies to the office by mail.
To retrieve an Upshur County family court record, requesters will need to provide identifying information and pay any applicable fee. Accessing a sealed record may require proof of identity.
Federal Court Records in Upshur County
Upshur County falls within the federal jurisdiction of the United States District Court for the Eastern District of Texas. This court has jurisdiction over federal matters, which cannot be heard by county or state courts. Individuals who want to review federal case records originating from this U.S. district court can use the PACER case search tool. Users can search for records by providing a case number or the name of a party involved in the case. Accessing records through PACER requires creating an account and paying a nominal fee (10 cents per page).
Members of the public may also contact/visit the federal clerk of the court or visit the federal courthouse in person.
