Cherokee County Court Records
What Is Cherokee County Court Records
Cherokee County court records encompass all official documentation generated during legal proceedings within the county's judicial system. These records are maintained by various courts operating within Cherokee County, Georgia, and serve as the official account of court proceedings. Pursuant to Georgia Open Records Act § 50-18-70, court records are defined as documents, information, or items that are created, received, or maintained by a court in connection with a judicial proceeding.
Cherokee County court records typically include:
- Case files containing pleadings, motions, and other filed documents
- Docket sheets listing chronological case events
- Judgments and court orders
- Hearing and trial transcripts
- Evidence and exhibits admitted during proceedings
- Sentencing information in criminal matters
- Marriage licenses and divorce decrees
- Probate documents including wills and estate inventories
These records differ from other public records such as property records (deeds, mortgages, liens) and vital records (birth, death certificates), which are maintained by different government offices. The Cherokee County Clerk of Courts serves as the primary custodian for most court records in the county.
The following courts maintain records in Cherokee County:
- Superior Court (felony criminal cases, civil matters over $25,000, divorces)
- State Court (misdemeanors, civil matters under $25,000)
- Magistrate Court (small claims, ordinance violations, preliminary hearings)
- Probate Court (wills, estates, marriage licenses, guardianships)
- Juvenile Court (delinquency, dependency, custody matters involving minors)
Are Court Records Public In Cherokee County
Court records in Cherokee County are generally accessible to the public in accordance with the Georgia Open Records Act, codified in O.C.G.A. § 50-18-70 et seq. This statute establishes the presumption that public records, including court records, shall be open for personal inspection by any citizen of Georgia.
The Georgia Constitution and the Uniform Superior Court Rules further support public access to judicial proceedings and records. Rule 21 specifically addresses the public nature of court records and proceedings, stating that all court records are presumed to be open for public inspection.
Records that are typically available to the public include:
- Civil case files (complaints, answers, motions, orders)
- Criminal case files after formal charges have been filed
- Judgments and final orders
- Docket sheets and case indices
- Court calendars and hearing schedules
- Property records including deeds and liens
- Marriage licenses and divorce decrees
However, certain records may be restricted from public access, including:
- Records sealed by court order
- Juvenile court records (with limited exceptions)
- Adoption proceedings
- Mental health commitment records
- Records containing sensitive personal information as defined by statute
- Grand jury proceedings and records
- Certain domestic violence and stalking cases
It is important to note that federal court records for cases heard in the U.S. District Court for the Northern District of Georgia (which includes Cherokee County) are governed by federal rules and are accessible through the federal PACER system rather than county resources.
How To Find Court Records in Cherokee County in 2026
Members of the public seeking court records in Cherokee County may utilize several methods to locate and access these documents. The county currently maintains both in-person and online access options for most court records.
To obtain court records in person:
- Identify the appropriate court that maintains the desired records.
- Visit the clerk's office during regular business hours.
- Complete a records request form, providing case number, party names, or other identifying information.
- Present valid photo identification.
- Pay any applicable copy fees (currently $0.25 per page for standard copies).
- For certified copies, additional fees apply (currently $2.50 per certification).
Cherokee County Clerk of Superior & State Courts
90 North Street, Suite 240
Canton, GA 30114
678-493-6511
Cherokee County Clerk of Courts
For records not available online, written requests may be submitted:
- Prepare a written request specifying the records sought.
- Include contact information and preferred delivery method.
- Submit the request via mail, email, or fax to the appropriate court clerk.
- Include payment for applicable fees (check with the specific court for current fee schedule).
Under Georgia law, records custodians must respond to requests within three business days, either by providing the records, estimating a timeframe for fulfillment, or citing legal reasons for denial.
For expedited service, the Cherokee County Clerk's office offers premium research services for an additional fee, currently set at $15 per hour with a one-hour minimum. This service is particularly useful for complex searches or when the requestor has limited information about the case.
How To Look Up Court Records in Cherokee County Online?
Cherokee County offers several digital platforms for accessing court records online, providing convenient alternatives to in-person visits. Each system contains different types of records and requires specific search parameters.
The primary online resources include:
-
Cherokee County Courts Online Records Portal
- Access via the Cherokee County Clerk of Courts website
- Contains Superior Court and State Court records
- Search by case number, party name, filing date, or case type
- Available 24/7 with free basic search functions
- Document viewing may require user registration and fees
-
Georgia Judicial Gateway
- Accessible through the Georgia Courts website
- Provides a unified search across multiple counties
- Requires creation of a free user account
- Includes case status, party information, and scheduled hearings
- Some document downloads may incur fees
-
Cherokee County Magistrate Court Records
- Available through the Magistrate E-File system
- Contains small claims, evictions, and ordinance violations
- Search by case number or party name
- Limited to cases filed after 2010
-
Cherokee County Probate Court Records
- Accessible through dedicated terminal at the Probate Court office
- Limited online access for marriage licenses and certain estate matters
- Full records require in-person visit
-
Cherokee County Sheriff's Office Records
- Incident reports and arrest records available through Sheriff's Records Division
- Search by incident number, name, or date
- Some records may be redacted pursuant to privacy laws
When searching online, users should note that:
- Not all court records are digitized, particularly older cases
- Some sensitive information may be redacted in accordance with privacy laws
- Technical issues may occasionally limit system availability
- Official certified copies still require in-person requests
How To Search Cherokee County Court Records for Free?
Cherokee County residents and other interested parties may access certain court records without payment of fees, in accordance with Georgia's Open Records Act. The law provides that records shall be available for inspection at a reasonable time and place, though copying fees may still apply.
Free access options include:
-
In-Person Inspection
- Visit the appropriate court clerk's office during regular business hours
- Request to view specific case files or use public access terminals
- No charge for viewing records, though identification may be required
- Note-taking is permitted; however, photography may be restricted
-
Cherokee County Public Access Terminals
- Located in the Cherokee County Justice Center
- 90 North Street, Canton, GA 30114
- Available during regular business hours (8:00 AM - 5:00 PM, Monday-Friday)
- Provides access to digitized court records without charge
- Printing from terminals incurs standard copy fees
-
Basic Online Searches
- The Cherokee County Clerk's website offers free case index searches
- Basic case information including party names, case types, and filing dates
- Document viewing or downloading may require payment
- Search by name, case number, or filing date at no cost
-
Public Court Calendars
- Court schedules and dockets are freely available on the Superior Court website
- Lists upcoming hearings, trials, and case status information
- Updated regularly with current scheduling information
-
Law Library Access
- The Cherokee County Law Library provides public computer terminals
- Located in the Cherokee County Justice Center
- Offers access to court records databases and legal research tools
- Available to all members of the public during regular hours
While basic record searches are available without charge, fees may apply for:
- Printed or electronic copies of documents ($0.25 per page)
- Certified copies ($2.50 per certification plus copy fees)
- Research assistance from court staff ($15 per hour)
- Expedited processing of requests
- Specialized searches requiring extensive staff time
What's Included in a Cherokee County Court Record?
Cherokee County court records contain comprehensive documentation of legal proceedings, with contents varying by case type and court jurisdiction. Pursuant to Georgia Uniform Superior Court Rule 21, court records must include all documents filed with the court in connection with a case.
A typical Cherokee County court record file contains:
For Civil Cases:
- Complaint or petition initiating the action
- Summons and proof of service
- Defendant's answer or response
- Motions filed by either party
- Discovery documents (if filed with the court)
- Affidavits and sworn statements
- Court orders and rulings
- Final judgment or dismissal
- Post-judgment filings
- Transcript of proceedings (if prepared)
- Exhibits admitted into evidence
For Criminal Cases:
- Charging documents (indictment, accusation, or citation)
- Arrest warrant or criminal summons
- Bond information
- Defendant's plea
- Motions filed by prosecution or defense
- Court orders on motions
- Trial exhibits (if admitted)
- Verdict forms
- Sentencing information
- Probation terms
- Appeal documents (if applicable)
For Probate Matters:
- Will or petition for administration
- Inventory of estate assets
- Claims against the estate
- Guardian/conservator reports
- Annual accountings
- Distribution plans
- Final settlement documents
For Domestic Relations Cases:
- Petition for divorce or separation
- Financial affidavits
- Child support worksheets
- Parenting plans
- Temporary and final orders
- Property settlement agreements
- Qualified domestic relations orders (QDROs)
Each court record also typically includes a case docket sheet, which serves as a chronological index of all filings and court actions. This docket provides a summary of the case history and is often the starting point for researching a case file.
How Long Does Cherokee County Keep Court Records?
Cherokee County maintains court records according to retention schedules established by the Georgia Records Act and the Judicial Council of Georgia. These schedules vary by record type and court jurisdiction, with some records preserved permanently while others may be destroyed after specified periods.
The following retention periods currently apply:
Permanent Retention:
- Superior Court felony case files
- All civil cases involving real property or title to land
- Divorce and adoption proceedings
- Wills and estate administration records
- Judgments and final orders in all courts
- Docket books and case indices
- Naturalization records
- Historic court records (generally pre-1900)
Extended Retention (75+ years):
- Superior Court misdemeanor cases
- Domestic relations cases (other than divorce)
- Civil cases with significant precedential value
- Condemnation proceedings
- Mental health commitment records
Medium-Term Retention (20-25 years):
- State Court misdemeanor cases
- Civil cases without real property issues
- Magistrate Court criminal proceedings
- Traffic cases involving serious offenses
- Probation records
Shorter-Term Retention (5-10 years):
- Minor traffic violations
- Ordinance violations
- Small claims proceedings
- Dismissed cases without adjudication
- Administrative records
According to O.C.G.A. § 15-6-73, the Clerk of Superior Court may microfilm or digitize records after specified periods and destroy original paper documents after verification of the electronic copies. Currently, Cherokee County is engaged in an ongoing digitization project to preserve older records in electronic format.
Records scheduled for destruction must first be evaluated for historical or research value. Those deemed historically significant may be transferred to the Georgia Archives rather than destroyed. Additionally, the Chief Judge of each court may order the retention of specific records beyond their scheduled destruction date if circumstances warrant.
Types of Courts In Cherokee County
Cherokee County's judicial system consists of several courts with distinct jurisdictions and authority. Each court handles specific types of cases as established by Georgia law.
Cherokee County Superior Court
90 North Street, Suite 280
Canton, GA 30114
678-493-6480
Cherokee County Superior Court
The Superior Court is Cherokee County's court of general jurisdiction, handling felony criminal cases, civil matters exceeding $25,000, divorce and family law cases, and matters concerning title to land. Four elected judges currently serve on this court. Hours of operation are Monday through Friday, 8:00 AM to 5:00 PM.
Cherokee County State Court
90 North Street, Suite 350
Canton, GA 30114
678-493-6690
Cherokee County State Court
State Court handles misdemeanor criminal cases, traffic violations, and civil matters where the amount in controversy does not exceed $25,000. Two elected judges currently preside over this court. Hours of operation are Monday through Friday, 8:00 AM to 5:00 PM.
Cherokee County Magistrate Court
90 North Street, Suite 150
Canton, GA 30114
678-493-6431
Cherokee County Magistrate Court
The Magistrate Court handles small claims (up to $15,000), dispossessory (eviction) proceedings, county ordinance violations, and issues arrest and search warrants. This court also conducts preliminary hearings in felony cases. Hours of operation are Monday through Friday, 8:00 AM to 5:00 PM.
Cherokee County Probate Court
90 North Street, Suite 170
Canton, GA 30114
678-493-6160
Cherokee County Probate Court
Probate Court handles wills, estate administration, guardianships, conservatorships, marriage licenses, and certain mental health matters. One elected judge presides over this court. Hours of operation are Monday through Friday, 8:00 AM to 5:00 PM.
Cherokee County Juvenile Court
90 North Street, Suite 390
Canton, GA 30114
678-493-6560
Cherokee County Juvenile Court
Juvenile Court handles cases involving children under 18, including delinquency, dependency, child custody, and child support matters. Two judges currently serve this court. Hours of operation are Monday through Friday, 8:00 AM to 5:00 PM.
The court hierarchy in Georgia places the Superior Court as the main trial court, with appeals typically going to the Georgia Court of Appeals and then potentially to the Georgia Supreme Court. The State Court, Magistrate Court, Probate Court, and Juvenile Court all have more limited jurisdiction as specified by state law.
What Types of Cases Do Cherokee County Courts Hear?
Cherokee County's court system handles a diverse range of legal matters, with each court assigned specific case types according to Georgia law. The jurisdiction of each court is determined by factors including case subject matter, amount in controversy, and severity of criminal charges.
Superior Court Cases:
- Felony criminal prosecutions (murder, armed robbery, drug trafficking)
- Civil lawsuits exceeding $25,000 in damages
- Divorce and other domestic relations matters
- Child custody and support proceedings
- Property disputes and title to land cases
- Equity matters (injunctions, specific performance)
- Habeas corpus petitions
- Appeals from lower courts
- Complex business litigation
- Medical malpractice claims
State Court Cases:
- Misdemeanor criminal offenses
- Traffic violations (DUI, reckless driving)
- Civil lawsuits up to $25,000
- Landlord-tenant disputes exceeding Magistrate Court limits
- Personal injury claims within jurisdictional limits
- Contract disputes within jurisdictional limits
- Misdemeanor drug possession
- Misdemeanor domestic violence
- Appeals from Municipal Courts
Magistrate Court Cases:
- Small claims up to $15,000
- Dispossessory (eviction) proceedings
- County ordinance violations
- Preliminary hearings in felony cases
- Issuance of arrest and search warrants
- First appearance hearings
- Setting of initial bonds
- Civil disputes under $15,000
- Bad check cases
- Abandoned motor vehicle liens
Probate Court Cases:
- Wills and estate administration
- Guardianships and conservatorships
- Marriage licenses
- Weapons carry permits
- Certain mental health commitment proceedings
- Cemetery lot disputes
- Year's support petitions
- Minor's inheritance matters
- Involuntary treatment orders
- Certain administrative appeals
Juvenile Court Cases:
- Delinquency proceedings (criminal acts by minors)
- Children in need of services (CHINS)
- Dependency cases (abuse, neglect)
- Termination of parental rights
- Custody matters involving juveniles
- Child support in conjunction with juvenile cases
- Emancipation petitions
- Juvenile traffic offenses
- Truancy cases
- Adoption consent or termination proceedings
The Georgia Courts website provides additional information about the jurisdiction and authority of each court type within the state's unified judicial system.
How To Find a Court Docket In Cherokee County
Court dockets in Cherokee County provide a chronological listing of scheduled cases and proceedings. These public documents serve as the official court calendar and are available through several channels.
To access Cherokee County court dockets:
-
Online Docket Access
- Visit the Cherokee County Clerk of Courts website
- Select "Court Calendars" from the navigation menu
- Choose the specific court (Superior, State, Magistrate, etc.)
- Select the desired judge or division
- View or download the current docket in PDF format
- Dockets typically include case numbers, party names, hearing types, and scheduled times
-
In-Person Docket Review
- Visit the clerk's office for the relevant court
- Request to view the current docket or calendar
- Printed copies are available for a nominal fee
- Public terminals may be available for electronic docket access
-
Telephone Information
- Contact the appropriate clerk's office by phone
- Provide case number or party name
- Staff can confirm hearing dates and times
- Superior Court: 678-493-6480
- State Court: 678-493-6690
- Magistrate Court: 678-493-6431
- Probate Court: 678-493-6160
- Juvenile Court: 678-493-6560
-
Case-Specific Docket Information
- Use the Georgia Courts E-Access portal to search for specific cases
- Enter case number or party name
- View complete docket history for individual cases
- See all past and future scheduled events
-
Attorney Access
- Registered attorneys have additional access through the E-filing system
- Provides real-time updates on case scheduling
- Includes notification features for docket changes
Court dockets are typically updated daily, with the most current information available by 5:00 PM for the following day's proceedings. For high-volume courts like Traffic Court, dockets may be posted weekly. Special term calendars for jury trials are generally published 30 days in advance.
Pursuant to Uniform Superior Court Rule 8.4, all court calendars must be made available to the public and the legal community in a timely manner.
Which Courts in Cherokee County Are Not Courts of Record?
In the Georgia judicial system, a "court of record" is defined as a court that creates and maintains a complete, verbatim record of all proceedings, including testimony and evidence presented. Conversely, courts not of record typically maintain only minimal documentation and do not create verbatim transcripts unless specifically requested.
According to O.C.G.A. § 15-6-61, courts of record must maintain comprehensive documentation of all proceedings, while courts not of record have less stringent recordkeeping requirements.
In Cherokee County, the following are classified as courts not of record:
Cherokee County Magistrate Court
90 North Street, Suite 150
Canton, GA 30114
678-493-6431
Cherokee County Magistrate Court
The Magistrate Court maintains basic case information but does not automatically create verbatim transcripts of proceedings. While written documentation of outcomes is preserved, the court does not routinely record witness testimony or arguments. If a case is appealed from Magistrate Court, it receives a completely new trial (de novo review) in Superior or State Court rather than a review of the existing record.
Municipal Courts within Cherokee County:
-
City of Ball Ground Municipal Court
215 Valley Street
Ball Ground, GA 30107
770-735-2123 -
City of Canton Municipal Court
151 Elizabeth Street
Canton, GA 30114
770-704-1502 -
City of Holly Springs Municipal Court
3235 Holly Springs Parkway
Holly Springs, GA 30115
770-345-5536 -
City of Woodstock Municipal Court
12453 Highway 92
Woodstock, GA 30188
770-592-6030
Municipal Courts handle city ordinance violations, traffic offenses within city limits, and certain misdemeanors. These courts maintain records of charges and dispositions but do not create complete transcripts of proceedings unless specifically requested for appeal purposes.
The following Cherokee County courts are courts of record:
- Superior Court
- State Court
- Probate Court
- Juvenile Court
These courts maintain comprehensive records including pleadings, evidence, and verbatim transcripts of all proceedings. Appeals from these courts are based on the official record created during the original proceedings.
Lookup Court Records in Cherokee County
Clerk of Courts | Cherokee County, Georgia
Superior Court | Cherokee County, Georgia
Cherokee County, Georgia | Official Site
Records - Sheriff - Cherokee County, Ga
Magistrate E-File | Cherokee County, Georgia
E-Access to Court Records – Georgia Courts