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Nantucket County Courts, MA *
Nantucket County is unlike any other county in Massachusetts. It is not on the U.S. mainland. Instead, it is the only county on Nantucket Island, about 30 miles from Cape Cod. Residents of Nantucket County need access to its court system for various reasons. They may need to file paperwork regarding a divorce, a will or an estate, or a landlord-tenant dispute over a security deposit. People also need access to court records, such as eviction, criminal, or child support cases. By understanding how the court system works, residents can save themselves money, time, and stress.
How to Access Nantucket County Court Records
Online Access
Massachusetts court cases have been available since 2005 online via the MassGov portal. However, not all court documents may be available, although the case information, docket, and calendar are. The newer the case is, the more likely all court documents will be online. The only court that is not available would be Juvenile Court records, because of the age of the minors involved.
Alternative Online Options
While Massachusetts has its court records available online, some residents may find the state system confusing and unwieldy. There is another option. People can try CourtCaseFinder to access court cases, especially if they have missing or incomplete case information. The aggregator can find court records across Massachusetts as well as nationwide.
In-Person Requests
Residents can visit the Nantucket Town and County Building to access certified documents or archived records. The Court Clerks can help residents locate case files, archived court records, and certified court case copies. Certified court case copies are usually not available online, so one must obtain those copies in person. For residents who need copies, they need to bring as much information about the case as possible to expedite the court case search.
Archived Records
Nantucket County was formed in 1659, when men bought the island to build a colony away from Puritan control. There are county court records dating back over 350 years. Residents who are looking for court records that have been archived should first check with the respective Court Clerks. There are also archived court records available on the MassGov website, as well as the Nantucket Historical Association Research Library.
Overview of the Nantucket County Court System
Massachusetts' unified court system is managed by the Supreme Judicial Court, and the Chief Justice leads it. The Supreme Judicial Court is the state's highest appeals court and the court of last resort. The Massachusetts Appeals Court hears appeals from trial courts in Massachusetts counties.
Nantucket County is unusual because the city and county share jurisdiction because of the island's population. The highest trial court in Nantucket is the Superior Court, hearing major felony criminal cases and civil cases over $50,000. The District Court hears misdemeanor and lower-level felony cases with penalties of up to five years in prison, as well as smaller civil suits. The Juvenile Court hears juvenile delinquency and dependency cases, while the Probate and Family Court handles family-related and probate cases, including wills and estate matters. Massachusetts has no Municipal Courts outside of the city of Boston.
Types of Courts in Nantucket County, Massachusetts
Massachusetts' unified court system is managed by the Chief Justice of the Massachusetts Supreme Judicial Court. The Supreme Judicial Court acts as the highest appeals court in the state. The Massachusetts Appeals Court also hears appeals from the trial courts in Massachusetts counties.
Nantucket County has several trial courts on the island. The highest trial court for the county is the Superior Court, which hears major criminal and all civil cases over $50,000. The District Court hears misdemeanors as smaller civil suits and small claims lawsuits. The Juvenile Court hears nearly all cases involving juveniles, including juvenile delinquency and dependency cases. The Probate and Family Court hears family-related cases, including divorce and child custody.
Superior Court
The Superior Court in Nantucket County is the highest trial court in the county. It hears the county's major criminal and large civil cases.
Jurisdiction:
- Appeals from District, Family and Probate, Housing, or Juvenile Courts
- Contract disputes
- Civil cases with damages over $50,000
- Felony criminal cases
- State, county, or municipal lawsuits
- Property disputes like land boundary or foreclosures
- Equity cases
Primary Location: Nantucket Town and County Building, Nantucket
District Court
District Courts in Massachusetts are the courts that see the most cases, hearing misdemeanor cases and civil lawsuits.
Jurisdiction:
- All misdemeanor crimes
- Civil cases under $50,000
- Small claims cases up to $7,000
- Traffic tickets and ordinance violations
- Warrant hearings (arrest warrants, search warrants)
Primary Location: Nantucket Town and County Building, Nantucket
Family and Probate Court
Family and Probate Courts hear cases involving families. The most common cases in the court deal with the dissolution of a marriage, but they also hear wills and estates, as well as guardianship and conservatorship cases.
Jurisdiction:
- Divorce, division of property and alimony
- Child support and custody
- Domestic violence protective orders
- Guardianships, conservatorships and trusts
- Paternity, adoption and termination of parental rights
- Wills and estates
Primary Location: Nantucket Town and County Building, Nantucket
Juvenile Court
Juvenile Courts hear cases involving juvenile delinquency and dependency. Massachusetts also has cases brought by government agencies when they feel children are in danger, called Children Requiring Assistance (CRA).
- Adoption or termination of parental rights (concurrent with Family Court)
- Crimes committed by a juvenile under 18 years of age at the time of the crime
- Criminal charges for adults contributing to the delinquency of a minor
- CRA (Children Requiring Assistance) cases
- Hearings to determine whether a serious felony committed by a juvenile should be moved to adult court
- Guardianship (concurrent with Family Court)
Primary Location: Nantucket Town and County Building, Nantucket
How to File a Case in Nantucket County
Although Massachusetts is one of the smallest states in the United States, it is important to follow the steps to file a civil case in Nantucket County in order to avoid case delays or dismissals.
Step 1: Choose the Correct Court
To file a case correctly in Nantucket County Court, choose the right court. Luckily, all of Nantucket County's courts are located in one building: The Nantucket Town and County Building in Nantucket. File civil cases worth more than $50,000 in Superior Court, and file civil cases worth less than $50,000 in District Court. File family law or probate cases with the Family and Probate Court. Residents unsure where to file can check with the appropriate Court Clerk.
Step 2: Complete Required Forms
All court forms residents need to file in each court are available from the Court Forms page on the MassGov website. Be sure to download and complete all necessary court forms before filing. Court Clerks are available to assist with form completion.
Step 3: File the Case
Filers can file court cases online using the eFileMA platform. The e-file platform can be used for all courts in the state. Certain sensitive cases, such as guardianship or conservatorship, may not be available to file online. Attorneys must file cases online, but self-represented litigants may file online or in person.
Step 4: Pay Filing Fees
Paying filing fees isn't difficult whether people file online or in person. People who file online must pay at the time of filing with a credit or debit card. If filing in person, the Court Clerks allow residents to pay with cash, checks, money orders, and debit or credit cards. Residents who cannot afford the filing fees can file a waiver with the court.
Step 5: Serve the Other Party
In Massachusetts, the law requires residents filing a civil lawsuit to notify the other party that they are being sued. A sheriff's deputy or constable must serve the paperwork. While a government official must serve the initial paperwork, additional paperwork can be mailed to the defendant. The Service of Process form must be returned to the court for the case to proceed.
Step 6: Monitor the Case
Once the case is filed, it is easy to monitor progress for updates, calendar notices, hearing information, or requests for additional documentation. Residents can check their case progress online via eFileMA or the MassGov website. People can also visit the Court Clerk in person or call by phone to receive case updates.
Nantucket County Courthouse Directory
Nantucket Town and County Building (Superior Court, District Court, Family and Probate Court, Juvenile Court)
Nantucket
Address: 16 Broad St., Nantucket, MA 02554
Phone: (508) 228-2559
Website: Nantucket County Courts
Legal and Self-Help Resources
Even though Nantucket Island is off the coast of Massachusetts, there are still legal resources and self-help services available. Here is some information about legal services and self-help resources for residents of Nantucket County.
- Massachusetts has many resources available on its Self-Help page. It includes information for self-filers, residents who want to represent themselves in small claims or family cases, and guidance on court structure, accessing court documents, court forms, and legal assistance.
- Victims of domestic violence can get help and resources from A Safe Place. This charity provides shelter, resources, and legal aid for victims of domestic violence and their families. A pro bono attorney can help with divorce, child custody, protective orders, and child support.
FAQs
Are court records public in Nantucket County?
Yes, because Massachusetts law makes court records public. There are a few exceptions. Juvenile cases are not public due to the ages of the minors involved. Sensitive cases, such as mental health commitment, conservatorship, and guardianship, are also not public. Judges can also order part or all of a court case record sealed.
Where can I find eviction records?
While many counties in Massachusetts have Housing Courts, Nantucket is not a large enough county population-wise to need a Housing Court. Instead, all eviction records can be found in the District Court. District Court records newer than 2005 can be found online at the MassGov website. Residents can also visit the District Court Clerk's office in person to ask for eviction records. Eviction records can additionally be found using a third-party website such as CourtCaseFinder.
Can I file a small claims case online?
Small claims cases in Nantucket County can be filed online or in person. All small claims cases are filed in District Court. People can file online using eFileMA. Residents can pay filing fees online using a credit or debit card. In-person filers can pay with a card, cash, check, or money order.
Other Counties in Massachusetts
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