Brown County Court Records

Brown County court records are official documents that contain pertinent information about legal cases initiated or handled within the county's judicial system. The Brown County Clerk of Court primarily maintains these records. Members of the public can review these records to learn more about what transpired during relevant legal cases, including filings and arguments that inspired a case disposition. This ensures transparency and accountability of the judicial system. Court records can also set legal precedents that can be applied to future litigation.

Examples of some documents and information typically found in Brown court records include but are not limited to court orders, motions, pleadings, judgments, dockets, claims, and charges.

Are Court Records Public in Brown County?

Yes, most court records are considered part of Brown County public records. South Dakota Sunshine Law, codified in SDCL § 1-27-1 to § 1-27-48, established the general public's rights to access records of government bodies, including courts. Hence, anyone can access Brown County court records through the record's official custodian(s) except when expressly exempted by a state or federal statute. For instance, SDCL § 1-27-1.5 outlines several records not subject to the South Dakota Sunshine Law. These records include but are not limited to:

• Records that consist of attorney work product or that are considered privileged Article V of chapter 19-19
• Documents that are closed or confidential pursuant to a court order.
• Records whose disclosure would constitute an unreasonable release of personal information or could endanger the life or safety of an individual
• Court officials' memoranda, personal notes, and drafts
• Court records that contain personally identifiable information about juveniles

Brown County Court Records Search

Interested persons can conduct searches for Brown County Court records through the following:

• The Brown County Clerk of Court office
• The South Dakota Unified Judicial System (SD UJS) Public Access Record System (PARS)
• The SD UJS's Civil Judgment Query System
• The SD UJS's eCourts portal
• Third-party websites

Brown County Courts

Brown County's juridical system consists of two types of courts: a Circuit Court and a Magistrate Court. Both Courts are situated within the Brown County Courthouse. The address and contact information of the courthouse is thus:

Brown County Courthouse
101 SE 1st Ave
P.O. Box 1087
Aberdeen, SD 57402
Phone: (605) 626-2451
Fax: (605) 626-2280

Brown County Criminal and Civil Records

Interested persons can access court records of criminal and civil cases handled by Brown County Courts through the Brown County Clerk of Court office and online resources provided by the SD UJS. Public kiosk terminals are available in the County Clerk of Court office, situated within the Brown County Courthouse, that anyone can use to access public court records of criminal and civil cases and print court records at 20 cents per page.

On the other hand, SD UJS provides different online resources that record seekers can use to access court records of criminal and civil cases. Interested persons can search for Brown County criminal records using SD UJS's Public Access Record System (PARS), which contains information about docket entries in criminal cases and protection orders. Searches on PARS can be conducted by providing a person's last name and date of birth. Note that criminal cases from 1989 to the present are available on PARS, and each Brown criminal records search conducted through PARS costs $20.

Meanwhile, record seekers can use the SD UJS's civil judgment query portal to access judgment records of civil cases. Note that civil cases from 2003 to the present, active civil money judgments for the past 20 years, and inactive civil money judgments from April 19, 2004, to the present, are available on the portal. Furthermore, civil money judgment searches conducted through the portal are subject to a fee.

Lastly, The SD UJS's eCourts portal can be used to search for summary information about civil and criminal court cases. Summary information includes a case's parties' names, attorneys of record, filed documents, hearing details, judgments, and completed cases' outcomes. Note that court documents can neither be viewed nor purchased through eCourts.

It is worth noting that law enforcement agencies in Brown County also generate and preserve certain criminal records, specifically arrest records. Hence, interested persons can query these agencies, such as the Brown County Sheriff's Office and municipal police departments, to access Brown County arrest records.

Brown County Marriage Records

Brown County marriage records are one of several types of vital records maintained by the County Register of Deeds Office. Therefore, record seekers can obtain a Brown County marriage certificate through the County Register of Deeds Office. However, marriage records are not fully open to the public under South Dakota Law. As a result, certified copies of Brown County marriage certificates are only accessible to eligible individuals, while the general public can obtain informational copies. These eligible individuals include the registrant and their current spouse, parent, child, legal guardian, next of kin (limited to grandparents, grandparents, grandchildren over 18, and siblings), and designated agent. Other individuals who require a marriage certificate to establish personal or property rights are also allowed access to certified copies of a marriage certificate.

Notwithstanding, requesters are charged a $15.00 fee for each marriage record they request. They must also provide valid proof of identity, such as a government-issued picture ID, like a driver's license when requesting a marriage certificate. Alternatively, two (2) of any of the forms of identification can suffice for requesters who do not have a driver's license:

• Utility bill with current address
• Social Security Card
• Car registration or title
• Bank statement with current address
• Pay stub (must state the requester's name, Social Security number, and the address of the business)

Record seekers can request a copy of a marriage certificate from the Brown County Register of Deeds Office in person or by mail. To do this, record seekers can appropriately complete the Vital Record Request form and submit it together with all required items (such as fees and their ID) by mail or in-person to:

Brown County ROD
25 Market Street
Aberdeen, SD 57401

Note that individuals submitting their request by mail must have their signature notarized by a notary public in "SECTION 2" of their request form.

Brown County Divorce Records

The Brown County Clerk of Court preserves divorce records. These records are subject to the provisions of the South Dakota Sunshine Law and are accessible to the general public upon request. Interested persons can request these records in person at the County's Clerk of Court office during regular office hours. The County's Clerk of Court office is situated in Brown County Courthouse at:

101 SE 1st Ave
Aberdeen, SD 57402
Phone: (605) 626-2451
Fax: (605) 626-2280

Brown County Birth Records

As previously mentioned, the County Register of Deeds office is the custodian of County vital records, including birth records. Hence, record seekers can obtain Brown County birth records through the County Register of Deeds office. However, birth records are not entirely public under South Dakota Law like other vital records. Anyone can obtain informational copies, while only certain eligible persons are allowed to obtain certified copies of a Brown County birth certificate.

One prerequisite for obtaining a copy of a birth certificate from the Brown County Register of Deeds office is that requesters present valid proof of identity, such as a driver's license or other acceptable forms of identification. Additionally, requesters are charged a $15 fee for each birth certificate request they submit to the Register's Office.

Record seekers can appropriately complete the Vital Record Request form and submit it in person or by mail to the Brown County Register of Deeds Office to request a birth certificate. Requesters must submit the request form with a copy of their valid proof of identity and the required fee.

Brown County Death Records

Interested persons can obtain Brown County death records from the County Register of Deed Office. Similar to other vital records, certified copies of death certificates are only issued to eligible persons. Meanwhile, the general public can obtain informational copies.

Note that to request a death certificate from the Brown County Register of Deed Office, the requester must present a valid form of identification and pay a $15 per request fee. Record seekers can use the Vital Record Request form to facilitate their request. Requesters can complete the request form and submit it along with other required items to the County Register of Deed Office in person or by mail to request a death certificate.

Brown County Probate Court Records

Like other court records, Brown County probate court records are accessible through the County Clerk of Court office. Interested persons can visit the County Clerk of Court office in the Brown County Courthouse and use available public kiosk terminals to access public Probate Court Records. Users can also print copies of probate court records through the terminals for a fee. Meanwhile, queries for court records of older probate cases can be made directly at the Brown County Clerk of Court office.

Brown County Property Records

The Brown County Register of Deeds Office records and maintains most property records, including, but not limited to, easements, mortgages, deeds, plats, covenants, and restrictions. The County Register of Deeds Office provides online resources, such as the Electronic Document portal, where record seekers can access property records within the office's custody. The portal is accessible for free, and the criteria needed to search the portal include party, recording, or legal information. Alternatively, one can visit the Register's Office during regular office hours (from 8:00 am to 5:00 pm) Monday to Friday to access or request property records.

Brown County Court Records Online

Although the SD CJS provides different online resources record seekers can use to access court records, these resources typically only host specific types of documents and information. For instance, interested parties can find Brown County civil judgments through the SD UJS's Civil Judgment Query System. However, third-party websites like SouthDakotacourtrecords.us contain most public Brown County court records without any noteworthy limitations. These include public court records of civil and criminal cases in Brown County.