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In common law jurisdictions, a court of record is a trial court in which a court clerk or a court reporter takes down a record of proceedings.

That written record ( and all other evidence ) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law ( for example, in some states, death penalty statutes provide that all evidence must be preserved for an extended period of time ).

Most courts of record have rules of procedure, and therefore they require that most parties be represented by counsel lawyers ( specifically, attorneys holding a license to practice law ) before the specific tribunal.

In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on memory.

In most " not of record " proceedings, the parties can and usually do appear personally, without lawyers.

For example, most small claims courts, traffic courts, a justice court presided over by a Justice of the Peace, many administrative tribunals that make initial governmental administrative decisions such as government benefit determinations, and the like are not courts of record.