A request to restrict public access to information contained within a court record shall be made by written motion. If the motion is filed simultaneously with the information that is the subject of the motion, then the subject information shall be restricted from public access pending the Court's ruling on the motion. If the motion is filed after the filing of the information that is the subject of the motion, then the subject information shall remain open to the public pending the Court's ruling on the motion.
Any party to a judicial action or proceeding or other person who is the subject of information in a case document may, by written motion to the court, request that the court restrict public access to the information or, if necessary, the entire document. Additionally, the court may restrict public access to the information in the case document or, if necessary, the entire document upon its own order. The court shall give notice of the motion or order to all parties in the case. The court may schedule a hearing on the motion. If a hearing is scheduled, the filing party shall complete a “Written Request for Service” (Form 200.47) that lists the names and addresses of all persons who are to receive service of the motion. Notice shall be served via certified mail.
A court shall restrict public access to information in a case document or, if necessary, the entire document, if it finds by clear and convincing evidence that the presumption of allowing public access is outweighed by a higher interest after considering each of the following:
- Whether public policy is served by restricting public access;
- Whether any state, federal, or common law exempts the document or information from public access;
(c) Whether factors that support restriction of public access exist, including risk of injury to persons, individual privacy rights and interest, proprietary business information, public safety, and fairness of the adjudicatory process.
When restricting public access to a case document or information in a case document pursuant to this division, the court shall use the least restrictive means available, including but not limited to the following:
- Redacting the information rather than limiting public access to the entire document;
- Restricting remote access to either the document or the information while maintaining its direct access;
- Restricting public access to either the document or the information for a specific period of time;
- Using a generic title or description for the document or the information in a case management system or register of actions;
- Using initials or other identifier for the parties’ proper names.
If a court orders the redaction of information in a case document pursuant to this division, a redacted version of the document shall be filed in the case file along with a copy of the court’s order. If a court orders that the entire case document be restricted from public access, a copy of the court’s order shall be filed in the case file. A journal entry shall reflect the court’s order. Case documents ordered restricted from public access or information in documents ordered redacted shall not be available for public access and shall be maintained separately in the case file.
For purposes of public access to Court records, the Court manages it’s paper file the same as its electronic file. Generally, the Court will not restrict access to one such file-type without restricting access to the other.