Burleigh County Court Records
What Is Burleigh County Court Records
Court records in Burleigh County encompass all official documentation generated during legal proceedings within the county's jurisdiction. These records constitute a comprehensive archive of judicial activities maintained by the Burleigh County District Court and other courts operating within the county boundaries. Pursuant to North Dakota Century Code § 27-07.1-17, court records are defined as the official documentation of all proceedings before the courts.
Court records typically include:
- Case files containing pleadings, motions, and briefs
- Court dockets listing scheduled hearings and case status
- Judicial orders and final judgments
- Transcripts of court proceedings
- Evidence and exhibits admitted during trials
- Sentencing records in criminal matters
- Marriage and divorce decrees
- Probate and estate documentation
These records differ from other public records such as property deeds, birth certificates, and tax records, which are maintained by separate county departments. Court records specifically document judicial proceedings and decisions.
In Burleigh County, court records are maintained by several judicial bodies:
- District Court (state trial court of general jurisdiction)
- Municipal Courts (limited jurisdiction over city ordinance violations)
- Small Claims Court (civil matters under $15,000)
- Juvenile Court (cases involving minors)
The North Dakota Court System maintains these records according to established retention schedules and access protocols defined by state law.
Are Court Records Public In Burleigh County
Court records in Burleigh County are generally accessible to the public in accordance with the North Dakota Open Records Law § 44-04-18, which establishes the presumption that government records, including court records, are open to public inspection. Additionally, the North Dakota Constitution Article I, § 22 guarantees that "all courts shall be open."
The following court records are typically available for public access:
- Civil case files (with certain exceptions for sensitive matters)
- Criminal case files after formal charges have been filed
- Court dockets and calendars
- Final judgments and orders
- Probate proceedings
- Divorce decrees (though financial disclosures may be restricted)
- Small claims court judgments
However, certain records may be restricted from public access, including:
- Juvenile court proceedings (per § 27-20-51)
- Adoption records
- Mental health commitment proceedings
- Certain family court matters involving child custody
- Records sealed by judicial order
- Grand jury proceedings
- Cases involving sexual assault victims
The North Dakota Supreme Court Administrative Rule 41 further governs access to court records, establishing uniform procedures for public access while protecting confidential information. Federal court records for cases heard in the U.S. District Court for the District of North Dakota follow separate access protocols under federal rules.
How To Find Court Records in Burleigh County in 2026
Members of the public seeking court records in Burleigh County may utilize several methods to locate and access these documents. The county maintains current systems for both in-person and remote access to court records.
For in-person requests:
- Visit the Burleigh County Clerk of District Court office during regular business hours.
Burleigh County Clerk of District Court
514 E. Thayer Avenue
Bismarck, ND 58501
701-355-1350
Burleigh County District Court
- Complete a records request form, providing case number, party names, and approximate date of filing.
- Present valid photo identification.
- Pay applicable copy fees ($1.00 per page for standard copies).
- For certified copies, additional fees apply ($10.00 per document).
For online access:
- Access the North Dakota Court Records Search portal.
- Create a user account if required for detailed information.
- Search by party name, case number, or filing date.
- Review available case information and document listings.
- Request copies of specific documents if needed.
For records not available online:
- Submit a written request to the Clerk of Court by mail or email.
- Include case information, specific documents needed, and contact information.
- Enclose payment for applicable fees or request a fee estimate.
- Allow 5-10 business days for processing.
Pursuant to North Dakota Century Code § 27-05.2-03, the clerk shall provide access to public court records during regular business hours and may charge reasonable fees for copies and certification.
How To Look Up Court Records in Burleigh County Online?
Burleigh County provides digital access to court records through several online portals maintained by the North Dakota Court System. These resources allow for remote searching of case information without visiting the courthouse.
The primary online resource is the District Court Case Search system, which provides access to:
- Civil case records
- Criminal case records
- Traffic citations
- Small claims judgments
- Probate proceedings
- Family court cases (with restricted information)
To conduct an online search:
- Navigate to the North Dakota Courts Records portal.
- Select "Burleigh County" from the jurisdiction dropdown menu.
- Enter search criteria (at least one is required):
- Party name (last name, first name)
- Case number (format: 08-2023-CV-00123)
- Attorney bar number
- Filing date range
- Review search results showing basic case information.
- Select specific cases to view additional details.
- Note that complete case documents may not be viewable online and may require in-person requests.
For Municipal Court records in Bismarck (the county seat):
- Visit the Bismarck Municipal Court website.
- Access the citation payment system for basic case information.
- Contact the court clerk for records not available online.
The online systems do not contain sealed records, expunged cases, juvenile proceedings, or certain confidential matters as restricted by North Dakota Century Code § 27-20.2-21 regarding confidentiality of juvenile records.
How To Search Burleigh County Court Records for Free?
Burleigh County residents and other interested parties may access certain court records without payment of fees, in accordance with North Dakota Century Code § 44-04-18, which provides that "all records of public or governmental bodies... are public records, open and accessible for inspection during reasonable office hours."
Free access options include:
- In-person inspection: Members of the public may visit the Burleigh County Courthouse during regular business hours to view public court records without charge. While copying fees apply, inspection itself is free.
Burleigh County District Court
514 E. Thayer Avenue
Bismarck, ND 58501
701-355-1350
Burleigh County District Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM (excluding holidays)
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Basic online searches: The North Dakota Court System provides free basic case information searches through its public access portal. This includes:
- Case numbers and filing dates
- Party names
- Case type and status
- Scheduled hearings
- Judgment information
-
Public access terminals: Computer terminals available at the courthouse provide more comprehensive access to the court's electronic filing system than the public website, without charge.
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Law library access: The Burleigh County Law Library offers free access to legal research tools that may include certain court records.
While basic searches are free, fees may apply for:
- Printed copies ($1.00 per page)
- Certified copies ($10.00 per document)
- Records requiring extensive staff research time
- Specialized searches requiring programming or data compilation
What's Included in a Burleigh County Court Record?
Burleigh County court records contain comprehensive documentation of legal proceedings, with contents varying by case type. Pursuant to North Dakota Rules of Court 3.4, court records must include specific elements to maintain a complete and accurate account of judicial proceedings.
Civil case records typically contain:
- Complaint or petition initiating the action
- Summons and proof of service
- Responsive pleadings (answers, counterclaims)
- Motions and supporting memoranda
- Court orders and rulings
- Exhibits admitted into evidence
- Transcripts of hearings (when prepared)
- Final judgment or dismissal
- Post-judgment motions and orders
- Appeal documentation (if applicable)
Criminal case records generally include:
- Criminal complaint or information
- Arrest warrant or summons
- Bail and bond information
- Arraignment documentation
- Pre-trial motions and orders
- Plea agreements
- Trial exhibits and transcripts
- Verdict or plea entry
- Pre-sentence investigation reports (restricted access)
- Sentencing orders
- Probation terms and conditions
- Appeal documentation (if filed)
Family court records contain:
- Divorce or separation petitions
- Child custody and support determinations
- Parenting plans
- Financial disclosure statements (often restricted)
- Domestic violence protection orders
- Adoption proceedings
- Name change petitions
- Guardianship documentation
Probate records include:
- Wills and codicils
- Petitions for probate
- Inventories of estate assets
- Claims against estates
- Distribution orders
- Guardianship and conservatorship documents
Each court record also contains a register of actions (docket sheet) listing all filings, hearings, and court actions in chronological order, serving as an index to the case file.
How Long Does Burleigh County Keep Court Records?
Burleigh County adheres to the North Dakota Records Retention Schedule established by the North Dakota Supreme Court Administrator's Office pursuant to North Dakota Century Code § 54-46-08, which governs the preservation and disposition of government records, including court documents.
The retention periods for various court records are as follows:
- Felony criminal cases: Permanent retention for Class AA felonies; 50 years for other felonies
- Misdemeanor criminal cases: 10 years after case closure
- Traffic violations: 3 years after case closure
- Civil cases: 10 years after final judgment
- Domestic relations cases: 30 years after final decree
- Probate proceedings: 30 years after estate closing
- Guardianship/conservatorship: 10 years after termination
- Small claims judgments: 10 years after judgment
- Juvenile proceedings: Until subject reaches age 18, then sealed
- Mental health commitments: 25 years after case closure
- Court transcripts: Retained according to case type
- Exhibits: Returned to parties after appeal period; contraband destroyed according to law
Certain records are designated for permanent retention, including:
- Murder and Class AA felony cases
- Cases establishing significant precedent
- Cases of historical significance
- Adoption records
- Certain property rights determinations
- Court docket books and indexes
The North Dakota Court System has implemented electronic document management systems that allow for longer retention of digital records than their paper counterparts. Physical records may be microfilmed or digitized after designated periods to conserve storage space while preserving the information.
Records scheduled for destruction are reviewed by the clerk of court and court administrator before disposal to ensure compliance with retention requirements and historical preservation needs.
Types of Courts In Burleigh County
Burleigh County's judicial system consists of several courts operating within a hierarchical structure as established by the North Dakota Constitution and state statutes. Each court has specific jurisdiction and authority.
Burleigh County District Court
514 E. Thayer Avenue
Bismarck, ND 58501
701-355-1350
Burleigh County District Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM
The District Court is part of the South Central Judicial District and serves as the court of general jurisdiction, handling felony criminal cases, civil matters exceeding $15,000, domestic relations, probate, and juvenile proceedings. The court has five judges who preside over cases.
Bismarck Municipal Court
221 N 5th Street
Bismarck, ND 58501
701-355-1561
Bismarck Municipal Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM
Municipal Court handles violations of city ordinances, including traffic infractions, minor criminal offenses, and code violations occurring within city limits.
Lincoln Municipal Court
74 Santee Road
Lincoln, ND 58504
701-258-7490
Hours: Tuesdays, 5:30 PM - 7:30 PM
This court handles ordinance violations for the City of Lincoln.
North Dakota Supreme Court
600 E Boulevard Avenue
Bismarck, ND 58505
701-328-2221
North Dakota Supreme Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM
While physically located in Burleigh County, the Supreme Court serves as the state's highest appellate court, reviewing decisions from all district courts in North Dakota.
The judicial hierarchy in North Dakota flows from Municipal Courts (limited jurisdiction) to District Courts (general jurisdiction) to the North Dakota Supreme Court (final appellate authority). North Dakota does not have an intermediate appellate court, so appeals from District Court proceed directly to the Supreme Court.
What Types of Cases Do Burleigh County Courts Hear?
Burleigh County courts adjudicate a diverse range of legal matters according to their jurisdictional authority as established by North Dakota Century Code § 27-05-06 for District Courts and § 40-18-01 for Municipal Courts.
The Burleigh County District Court hears:
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Criminal Cases
- Felonies (all classes)
- Class A misdemeanors
- Appeals from Municipal Court
- Post-conviction relief proceedings
-
Civil Litigation
- Disputes exceeding $15,000
- Real property matters
- Contract disputes
- Personal injury claims
- Professional malpractice
- Complex commercial litigation
-
Family Law Matters
- Divorce and separation
- Child custody and support
- Adoption proceedings
- Paternity determinations
- Domestic violence protection orders
- Name changes
-
Probate Proceedings
- Will validation
- Estate administration
- Guardianships and conservatorships
- Trust administration
-
Juvenile Matters
- Delinquency proceedings
- Deprivation cases
- Termination of parental rights
- Children in need of protection
-
Small Claims Court (as a division of District Court)
- Civil disputes under $15,000
- Simplified procedures without attorneys
The Bismarck and Lincoln Municipal Courts handle:
- Traffic violations within city limits
- Parking infractions
- City ordinance violations
- Class B misdemeanors occurring within city boundaries
- Animal control violations
- Noise complaints and nuisance violations
- Building code infractions
- Minor alcohol and drug possession cases
Appeals from Municipal Court decisions are heard by the District Court, while appeals from District Court proceed directly to the North Dakota Supreme Court, which reviews questions of law and procedure rather than re-examining factual determinations.
How To Find a Court Docket In Burleigh County
Court dockets in Burleigh County provide a chronological listing of scheduled court proceedings, including hearings, trials, and other judicial events. Members of the public may access these schedules through several methods established by the North Dakota Court System.
To access court dockets electronically:
- Visit the North Dakota Courts Records portal.
- Select "Calendar Search" from the available options.
- Choose "Burleigh County" from the jurisdiction dropdown.
- Specify a date range (up to 31 days at once).
- Optionally filter by:
- Judge
- Case type
- Hearing type
- Attorney name
- Review the resulting calendar showing scheduled proceedings.
For in-person docket information:
- Visit the Burleigh County Clerk of Court office during business hours.
Burleigh County Clerk of District Court
514 E. Thayer Avenue
Bismarck, ND 58501
701-355-1350
Burleigh County District Court
- Request to view the daily court calendar.
- Public terminals are available for searching upcoming court dates.
- Daily calendars are typically posted outside each courtroom.
For Municipal Court dockets:
- Contact the relevant Municipal Court clerk's office.
- For Bismarck Municipal Court, call 701-355-1561 or visit their office at 221 N 5th Street.
- For Lincoln Municipal Court, call 701-258-7490.
Pursuant to North Dakota Supreme Court Administrative Rule 41, court calendars are public information with limited exceptions for certain confidential proceedings such as juvenile hearings, adoption matters, and mental health commitments. Calendar information typically includes:
- Case number
- Party names
- Type of proceeding
- Scheduled time
- Assigned courtroom and judge
- Attorney information (when applicable)
Which Courts in Burleigh County Are Not Courts of Record?
In Burleigh County, certain courts operate as "courts not of record," meaning they do not maintain official verbatim transcripts of their proceedings. This distinction is established by North Dakota Century Code § 27-01-01.1, which defines courts of record and, by exclusion, identifies those that are not.
Municipal Courts in Burleigh County function as courts not of record, including:
Bismarck Municipal Court
221 N 5th Street
Bismarck, ND 58501
701-355-1561
Bismarck Municipal Court
Lincoln Municipal Court
74 Santee Road
Lincoln, ND 58504
701-258-7490
As courts not of record, these judicial bodies:
- Do not create verbatim transcripts of proceedings
- Maintain basic case information and disposition records
- Issue judgments and orders that are documented
- Do not employ court reporters or audio recording systems for transcription purposes
- Handle minor offenses and ordinance violations
The practical implications of a court not being "of record" include:
- Appeals from these courts to District Court are conducted as trials de novo (new trials), rather than reviews of the record
- The District Court rehears all evidence and testimony afresh
- No transcript exists to be reviewed by the appellate court
- Procedural errors in the lower court may not be preserved for appeal
In contrast, the Burleigh County District Court is a court of record, maintaining complete transcripts and recordings of all proceedings. When cases are appealed from District Court to the North Dakota Supreme Court, the review is based on the official record created during the original proceedings.
The distinction between courts of record and courts not of record is significant for litigants considering appeals, as the process and standard of review differ substantially between the two types of courts.
Lookup Court Records in Burleigh County
District Court Case Search and Public Access