Common Pleas Actions

2013 Bicentennial Celebration

 

A sample Common Plea record
Record Series Common Pleas Actions
Indexes
Sample of Record Series View a sample record
Location Warren County Records Storage & Archives
Format Handwritten and pre-printed forms
Arranged Chronological by File Date
Volume 14 cubic ft
Department County Clerk
Legal Restrictions None
Use Restrictions Staff will access all records and must approve all requests for copies.
Historical Background The Warren County Court of Common Pleas was established at the founding of the county in 1813, its first term being in May of that year, and with the County Clerk serving as Clerk of the Court. The court handled matters of a civil nature, brought directly to it or referred from Justice Court, for which judicial settlement was required. Following the reorganization of the courts throughout New York in 1847, the Court of Common Pleas was abolished, with County and Supreme Court then rendering decisions on civil actions. It is noted that some Common Pleas activity occurred beyond 1847 as part of the restructuring process, thus the dates as noted. Part 3, Chapter 1, Title 5 of the Revised Statutes of the State of New York, Vol 1, 1836 details the establishment of the Court of Common Pleas, powers, jurisdiction, procedures and terms.
Description of Record Series Series includes handwritten and preprinted forms, and containing information appropriate to the action including: names of plaintiffs, defendants, attorneys, judges/justices; description of the action or legal proceeding (e.g. pleas, narratio, bail piece, writs, judgments); date of action; filing dates; and attachments. Documents may contain multiple pages. Legal documents are arranged by year according to subseries title and then according to filing date. Subseries include: Bail Pieces (appearance undertaking), Bill of Costs (list of court fees assessed), Bonds (amount to secure defendant), Clerk's Report of Damages (statement of damages awarded by the court), Clerkship (attorney's affidavit to practice), Cognovits (confession of liability), Judgments (determination of settlement), Motion Papers various documents initiating action in a civil suit). Notes of Issue (statement of readiness to proceed to trial), Orders & Rules , Pleadings and Narratios (declarations of the complaint by plaintiff and replies of the defendant), Writs of Arrest, Writs of Certiorari, Writs of Execution (order to carry forth judgment), Writs of Inquiry (order to empanel jury to determine damages), Writs of Venire (order to hold trial court). Not all subseries are found in each year. Identified in OCA Schedule # 21050 - 21220.
Purpose of Record A record of proceedings of civil cases (i.e. property, contract disputes, money judgments) of the Court of Common Pleas and including all relevant civil case information submitted to the court by either party for purposes of settlement.
Other Formats None
Finding Aids This Record Series has multiple indexes (computer and paper format): name index available 1813-1816; Minute Book indexed 1813-1852. Common Pleas judgments index 1813 - 1850. Series location is provided on inventory database.
Related Series Minutes of Common Pleas 1813-1852 (bound volume & microfilm).