Court of record

A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal.^[1]^[2]^[3] A court clerk or a court reporter takes down a record of oral proceedings.^[4] That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time).

Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal).^[5]

In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedings, the parties may appear personally, without lawyers. For example, most small claims courts, traffic courts, justice courts presided over by justices of the peace, many administrative tribunals that make initial governmental administrative decisions such as government benefit determinations, and the like, are not courts of record.

^ Black's Law Dictionary, 7th Ed. (1999) ("court of record. A court that is required to keep a record of its proceedings and that may fine and imprison people for contempt. The court's records are presumed accurate and cannot be collaterally impeached. See OF RECORD." In turn, "of record. 2. (of a court) that has proceedings taken down stenographically or otherwise documented <court of record>. See COURT OF RECORD.").
^ Hahn v. Kelly, 34 Cal. 39 (Cal. 1868) ("A Court of record is that where the acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony, which rolls are called the records of the Court, and are of such high and supereminent authority that their truth is not to be called in question. In Courts not of record the proceedings are not enrolled. The privilege of having these enrolled memorials constitutes the great leading distinction in English and American law between Courts of record, and Courts not of record, or, as they are frequently designated, superior and inferior Courts.", citations and quotations omitted).
^ In the U.S. some right-wing anti-tax websites refer to an obsolete and imprecise definition of the term "court of record." This alternative definition is incorrect, and any party that relies on it in litigation may risk sanctions.
^ The Thomas Fletcher, 24 F. 481 (D. Ga. 1884) ("Blackstone says that a court of record is ‘a court where the acts and proceedings are enrolled ... for a perpetual memorial and testimony.");
^ For example, Rule 12(a)(1) of the Supreme Court of Delaware is typical of most courts of record: except in the case of a party appearing pro se, every paper must be signed by a member of the bar admitted to that court.

[1] Black's Law Dictionary, 7th Ed. (1999) ("court of record. A court that is required to keep a record of its proceedings and that may fine and imprison people for contempt. The court's records are presumed accurate and cannot be collaterally impeached. See OF RECORD." In turn, "of record. 2. (of a court) that has proceedings taken down stenographically or otherwise documented <court of record>. See COURT OF RECORD.").

[2] Hahn v. Kelly, 34 Cal. 39 (Cal. 1868) ("A Court of record is that where the acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony, which rolls are called the records of the Court, and are of such high and supereminent authority that their truth is not to be called in question. In Courts not of record the proceedings are not enrolled. The privilege of having these enrolled memorials constitutes the great leading distinction in English and American law between Courts of record, and Courts not of record, or, as they are frequently designated, superior and inferior Courts.", citations and quotations omitted).

[3] In the U.S. some right-wing anti-tax websites refer to an obsolete and imprecise definition of the term "court of record." This alternative definition is incorrect, and any party that relies on it in litigation may risk sanctions.

[4] The Thomas Fletcher, 24 F. 481 (D. Ga. 1884) ("Blackstone says that a court of record is ‘a court where the acts and proceedings are enrolled ... for a perpetual memorial and testimony.");

[5] For example, Rule 12(a)(1) of the Supreme Court of Delaware is typical of most courts of record: except in the case of a party appearing pro se, every paper must be signed by a member of the bar admitted to that court.

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