Any person, by written motion to the court, may request access to a case document or information in a case document that has been granted restricted public access pursuant to division 57.2 of these rules. The Court shall give notice of the motion to all parties in the case and, where possible, to the non-party person who requested that public access be restricted. 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 may permit public access to a case document or information in a case document if it finds by clear and convincing evidence that the presumption of allowing public access is no longer outweighed by a higher interest. When making this determination, the court shall consider whether the original reason for the restriction of public access to the case document or information in the case document pursuant to division 57.2 of these rules no longer exists or is no longer applicable and whether any new circumstances, as set forth in that division, have arisen which would require the restriction of public access.
The information that has been granted restricted public access that is the subject of the motion will remain under seal pending the Court’s ruling on the motion.
If the motion is granted, the Court shall release only the specific information that warrants release and shall keep the remainder under restricted public access.