Civil Actions and Criminal Proceedings

Legal Proceedings

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Civil Actions

A civil action is a lawsuit involving one or more individuals or businesses. To begin a civil action in New York State Supreme Court or Genesee County Court, an index number must be assigned by the Genesee County Clerk's Office.

Starting a Civil Action

  • Index number fee: $210
  • Payment: Make checks payable to the Genesee County Clerk.
  • Application: Index number applications are available from the Genesee County Clerk's Office.

If a Request for Judicial Intervention involves a commercial transaction, a Commercial Division Certification must also be completed. This form is available from the County Clerk's Office.

Request for Judicial Intervention fee: $95

Filing Documents in an Existing Civil Action

After a civil action begins, additional documents related to the case may be filed with the County Clerk. Documents may include:

  • Court orders
  • Affidavits
  • Summonses
  • Complaints
  • Other documents related to the action that include the assigned index number

Searching for an Index Number

If you do not know the index number assigned to an action, the search fee is $5 for every two-year period searched. Search requests must be submitted in person at the Genesee County Clerk's Office.

Filing for Divorce

Free uncontested divorce filing packets are available at the Genesee County Court Facility, 1 West Main St., Batavia, NY.

Criminal Proceedings and Records

Individuals cannot begin criminal proceedings directly. A person seeking to initiate a criminal proceeding must contact an attorney, a law enforcement agency or the Genesee County District Attorney's Office.

The Genesee County Clerk's Office maintains closed criminal records filed by the New York State Supreme Court and Genesee County courts. Only felony convictions are filed with the County Clerk.

When requesting a criminal file, provide the index number and year of filing when available.

Sealed Criminal Records

  • Only the defendant or the attorney of record may access a sealed record.
  • A court order is required to unseal a record.

Federal, city and town court proceedings are handled by those respective government bodies. Records from those proceedings are not filed with the Genesee County Clerk.

Additional Filing Information

  • Documents filed with the Genesee County Clerk's Office must include original signatures.
  • An index number opens a case file where later documents are maintained.
  • Documents filed in the case must include the same assigned index number.
  • Index numbers are assigned only to actions and proceedings in New York State Supreme Court or Genesee County Court.

Contact the appropriate court for information about court dates, jury duty, bail bond hearings or small claims cases.

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