Gallatin County Court Records Lookup

Gallatin County Courts, IL *

Gallatin County is a 328-square-mile county in the southern part of the State of Illinois, with the Ohio and Wabash rivers bordering it. The county is home to the city of Shawneetown, which is the county seat. The Gallatin County Circuit Court handles civil, criminal, and family law cases. The Circuit Court also hears probate cases, wills, estates of deceased persons, and juvenile delinquency and dependency cases.

Overview of the Gallatin County Court System

The main operations of the Gallatin County courts take place in the Gallatin County Courthouse in Shawneetown. The Circuit Court is the main court housed in the courthouse. Circuit Courts in Illinois have general jurisdiction and therefore handle all cases not assigned to another court, such as the Court of Claims or the highest Court, the Illinois Supreme Court. All cases filed in Gallatin County are heard in the 2nd Judicial Circuit of Illinois. This court handles civil, criminal, probate, juvenile, and traffic cases.

In addition to the Courts within the Illinois Circuit Courts (the Court of Claims and the Illinois Supreme Court), other problem-solving courts have been established in various Circuit Courts around the state to treat and rehabilitate alcohol and drug abusers, the mentally ill, and veterans before they commit another crime. For Gallatin County residents who have been charged with a serious crime, are involved in a contested family law matter, or are in complex civil litigation, it is strongly recommended that they have a licensed Illinois attorney present when they first appear in court.

Types of Courts in Gallatin County, Illinois

Understanding the structure of the Gallatin County Circuit Court can help one determine which division can address certain issues and ensure their case is filed correctly and heard promptly. The appropriate division is typically determined by the type of case, the amount of money involved in the case, and the relief requested by the party filing the case.

Criminal Division

The Criminal Division of the Circuit Court of Gallatin County, Illinois, handles all criminal cases, including felonies and misdemeanors.

The Criminal Division handles:

• Serious assaults
• Drug trafficking
• Burglaries
• Misdemeanor cases
• Traffic violations and DUI cases
• Specialty court cases, such as Drug Court

Cases before the Criminal Division of the Circuit Court can be very serious, with lengthy prison sentences. Those who have been charged with a crime in Gallatin County are advised to contact an experienced attorney as early as possible before their first court date.

Civil Division

The Civil Division handles cases involving individuals and/or companies and provides streamlined procedures for numerous types of cases filed in the Circuit Court.

The Civil Division handles:

• Civil matters exceeding $10,000
• Contract disputes and personal injury claims
• Mortgage foreclosures and property matters
• Small claims cases of $10,000 or less
• Eviction and landlord/tenant disputes

Any lawsuit that is valued at $10,000 or less can be filed in the Circuit Court of the County where the defendant resides or where the issue occurred.

Family Division

The Family Division handles cases involving families and Orders of Protection.

The Family Division handles:

• Divorce, Separation, and Annulment
• Child Custody, Visitation, and Parental Rights
• Child and Spousal Support
• Paternity
• Orders of Protection

Juvenile Division

The Juvenile Division hears all cases involving children. These are both criminal and protective actions and proceedings.

The Juvenile Division handles:

• Truancy matters
• Termination of parental rights cases
• Child abuse and neglect cases
• Felony and misdemeanor criminal charges filed against a minor accused of violating the law

All proceedings in a juvenile case are closed to the public to protect the child's privacy.

Probate Division

The Probate Division processes all probate court files and cases for Gallatin County.

The Probate Division handles:

• Probate of wills (testate situations)
• Administration of decedents' estates (intestate situations)
• Guardianships of minors and persons with disabilities
• Disputed estate claims and accountings

How to Access Gallatin County Court Records

Gallatin County Court Records are public records and are subject to the Illinois Public Records Act. There are, however, several categories of these records that are restricted from public access: juvenile delinquency and child protection cases (sealed records); confidential filings that include Social Security numbers, bank account information, and medical information; and several family law and protective actions that are considered to be confidential to protect the safety and well-being of the parties and any children involved in the action.

Online Access

In Illinois, each Circuit Court is a separate court with its own case records, almost all of which are available online. re:SearchIL is a secure web-based search portal provided by the Administrative Office of the Illinois Courts (AOIC). It uses the e-filing database to enable case information search for all Illinois courts. All current cases filed in the Supreme and Appellate Courts, as well as in all Circuit Courts, can be searched using case number, parties' names, and other criteria. On the Gallatin County Circuit Clerk's website, parties can find links to many resources, including current cases, information, and the ability to sign up for jury duty, various court forms, and the ability to pay online for many services.

Alternative Online Options

Many online public records databases have compiled public information and records from Gallatin County, from other cities and counties in Illinois, and from around the country. An employer, landlord, etc., would find these online public records databases very useful for conducting background checks on candidates for employment or tenants for rental property. One such database example is CourtCaseFinder, which has access to the civil case files of the individual courthouses, as well as to other public information and records from government offices, such as criminal records, prior evictions, etc.

In-Person Requests

Original documents from cases heard in the Circuit Court can be obtained by visiting the Circuit Court Clerk's office. Documents are generally available within a few days. Some may be sealed (for privacy reasons), expunged, or impounded (for safety reasons). To obtain a file, the requesting party must provide case information, including the case or docket number and all parties involved. The more information available about the people involved in a case, the better the Clerk's office can assist.

Archived Records

Historical cases from the Gallatin County Circuit Court are archived and available at the Illinois Regional Archives Depository (IRAD), housed at Southern Illinois University Carbondale. IRAD has civil and criminal cases, as well as chancery cases, such as divorces. Historic documents, newspapers, and other resources can be found at the Gallatin County, Illinois Genealogical Society and local public libraries. The Gallatin County Historical Society has a large collection of records and historical items from Gallatin County.

For Attorneys and Legal Professionals

The re:SearchIL portal was developed by Illinois legal aid providers and law schools to allow Illinois attorneys and other qualified legal services providers to search for and access non-confidential information from cases in which documents have been filed. All parties and attorneys who file documents in a case must have their own login credentials to access the portal to search for information and to upload documents. Information about filing a case can be found on the Illinois Courts' statewide e-filing application or by contacting the Circuit Clerk's office.

All in-state attorneys must register for eFiling using their active ARDC number. All out-of-state attorneys must register for eFiling using their state bar registration number and may also need to complete a pro hac vice registration in the State of Illinois. All documents filed electronically through the re:SearchIL portal must include the typed name, email address, street address, and phone number of the attorney or party filing the document.

How to File a Case in Gallatin County

When opening a case, it is critical to prevent many potential delays by ensuring it is opened correctly from the start.

Step 1: Choose the Correct Court

Gallatin County Circuit Court handles civil, criminal, probate, juvenile, and traffic cases. See Types of Courts for information on the various divisions of Circuit Court and the types of cases they handle. For specific information on which court to file a case, parties should contact the Gallatin County Circuit Clerk's office or the Gallatin County Legal Self-Help Center.

Step 2: Complete Required Forms

The Gallatin County Circuit Clerk's Office has forms available for filing cases in the Circuit Court, as well as additional forms on the 2nd Judicial Circuit's online forms portal. These forms include an Answer for a civil case, a Small Claims Form, a Petition Form, and a Motion Form. The forms must be filled out in their entirety and signed in the appropriate places. Any supporting documentation for the case must also accompany all filed documents. Many delays in case processing occur because the documents filed with the court are incomplete.

Step 3: File the Case

Most case types are filed at the Gallatin County Circuit Clerk's office in the Gallatin County Courthouse. As a digital county, Gallatin County uses a digital case management system for case record-keeping and for online research of case information and public records for filers, attorneys, and the public. Some case types must be filed electronically. It is best for parties to contact the Circuit Clerk's office to determine whether the case type in question must be filed electronically.

Step 4: Pay Filing Fees

All parties involved in a case must pay filing fees for starting, responding, and continuing a case. The Clerk's office can inform parties of the current filing fees for cases in the Gallatin County Circuit Court. Those who need to apply for a fee waiver for a Civil or Criminal Case must fill out an Application for Waiver of Civil Court Fees. This can be downloaded from the Circuit Clerk's website or picked up at the Clerk's office.

Step 5: Serve the Other Party

Service of process is the delivery of a notice to the other party in a case filed with the court. In the State of Illinois, service of process can be performed by the Gallatin County Sheriff's Office as a process server, or by any other method or person authorized by law. All documentation used to prove service of process on other parties must be retained by all parties and filed with the court as required by law. The time frame for service of process on other parties is outlined in the Illinois Statutes and must be adhered to by all parties.

Step 6: Monitor the Case

Parties can find information about a case by searching online for court records by name or case number at re:SearchIL, or by visiting the Gallatin County Circuit Clerk's office. Contact the Circuit Clerk's office by phone or in person at the Courthouse in Shawneetown. Parties should review the pleadings and evidence filed in their case before the hearing.

Gallatin County Courthouse Directory

Parties should first call to confirm the hours for these offices, as they are prone to change.

Legal Help and Self-Help Resources

Local, non-profit, and statewide organizations serving Gallatin County provide free legal assistance to those who cannot afford a lawyer and also provide self-help resources to complete legal documents.

Free Legal Assistance

Land of Lincoln Legal Aid is a free civil legal services provider for low-income individuals and senior citizens throughout central and southern Illinois, including Gallatin County residents. Its mission is to enable income security, safe and adequate housing, quality education, healthcare, safety from violence and exploitation, and economic opportunity to improve the lives of individuals and families from throughout the region through legal services and advocacy.

Local Legal Support

The Gallatin County Legal Self-Help Center provides information on legal rights and responsibilities, steps to follow in common legal situations, and how to complete legal documents. Referrals to free and low-cost legal services are also available at the center. Legal advice is not provided at the Legal Self-Help Center. Those seeking an attorney can receive a referral from the Illinois State Bar Association's Lawyer Referral Service. The 2nd Judicial Circuit Legal Self-Help Centers serve residents in Gallatin County and other locations in the circuit.

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