In common law jurisdictions, a court of record is a court that keeps permanent records of its proceedings. Judgments of a trial court of record are normally subject to appellate review. In many jurisdictions, all courts are courts of record. In many jurisdictions, courts that have the power to fine or imprison must be courts of record. In almost all jurisdictions, a court of record will have a court clerk whose primary duty is to maintain the permanent records. Traditionally, a court of record was required to have its own unique seal, which was used to authenticate its judgments and copies of its records.
A court not of record is an inferior tribunal, such as a justice's court presided over by a justice of the peace, that does not keep systematic records and is often not regarded as having an identity distinct from that of its presiding magistrate. This is also the case of many administrative tribunals that make or review governmental administrative decisions such as government benefit determinations.
As data storage has been made easier over time with the use of duplicating machines, electronic media and computers, some courts which are not courts of record nonetheless do maintain permanent records of their proceedings. However, the distinction between the two types of courts remains important in many jurisdictions, particularly with respect to the method of securing review of judgments by appeal, motion for new trial and the like. In many cases, court records are available over the Internet.
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