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Rule 4-202.04. Request to access arecord associated with a case; request to classify a record associated with acase.

Intent:

To establish the process for accessinga court record associated with a case.

Applicability:

This rule applies to court recordsassociated with a case.

Statement of the Rule:

(1) A request to access a public courtrecord shall be presented in writing to the clerk of the court unless the clerkwaives the requirement. A request to access a non-public court record to whicha person is authorized access shall be presented in writing to the clerk of thecourt. A written request shall contain the requester?s name, mailing address,daytime telephone number and a description of the record requested. If therecord is a non-public record, the person making the request shall presentidentification.

(2)(A) If a written request to accessa court record is denied by the clerk of court, the person making the requestmay file a motion to access the record.

(2)(B) A person not authorized toaccess a non-public court record may file a motion to access the record. If thecourt allows access, the court may impose any reasonable conditions to protectthe interests favoring closure.

(3)(A) If the court record isassociated with a case over which the court has jurisdiction, a person with aninterest in a court record may file a motion to classify the record as private,protected, sealed, safeguarded, juvenile court legal, or juvenile court social;or to have information redacted from the record. The court shall deny access tothe record until the court enters an order.

(3)(B) If the court record isassociated with a case over which the court no longer has jurisdiction, aperson with an interest in the record may file a petition to classify therecord as private, protected, sealed, safeguarded, juvenile court legal, orjuvenile court social; or to have information redacted from the record. Thecourt shall deny access to the record until the court enters an order.

(4) The court may classify the recordas private, protected, or sealed, safeguarded, juvenile court legal, orjuvenile court social, or redact information from the record if the record orinformation:

(4)(A) isclassified as private, protected, sealed, safeguarded, juvenile court legal, orjuvenile court social under Rule 4-202.02;

(4)(B) is classified as private,controlled, or protected by a governmental entity and shared with the courtunder the Government Records Access and Management Act; (4)(C) is a recordregarding the character or competence of an individual; or

(4)(D) is arecord containing information the disclosure of which constitutes anunwarranted invasion of personal privacy.

(5) As appropriate for the nature ofthe case with which the record is associated, the motion or petition shall befiled and proceedings shall be conducted under the rules of civil procedure,criminal procedure, juvenile procedure, or appellate procedure. The personfiling the motion or petition shall serve any representative of the press whohas requested notice in the case. The court shall conduct a closure hearingwhen a motion or petition to close a record is contested, when the press hasrequested notice of closure motions or petitions in the particular case, orwhen the court decides public interest in the record warrants a hearing.

(6) In deciding whether to allow access to a court recordor whether to classify a court record as private, protected, or sealed,safeguarded, juvenile court legal, or juvenile court social, or to redactinformation from the record, the court may consider any relevant factor,interest, or policy, including but not limited to the interests described inRule 4-202. In ruling on a motion or petition under this rule the court shall:

(6)(A) makefindings and conclusions about specific records;

(6)(B) identifyand balance the interests favoring opening and closing the record; and

(6)(C) if therecord is ordered closed, determine there are no reasonable alternatives toclosure sufficient to protect the interests favoring closure.

(7)(A) If an appellate brief issealed, the clerk of the court shall seal the brief under Rule 4-205. If anappellate brief is classified as private, protected, safeguarded, juvenilecourt legal, or juvenile court social, the clerk of the court shall allowaccess only to persons authorized by Rule 4-202.03. If the court ordersinformation redacted from the brief, the clerk of the court shall remove theinformation and allow public access to the edited brief.

(7)(B) If the petitioner serves theorder on the director of the State Law Library, the director shall comply withthe order in the same manner as the clerk of the court under paragraph (7)(A).

(7)(C) Unless otherwise ordered by thecourt, the order is binding only on the court, the parties to the petition, andthe state law library. Compliance with the order by any other person isvoluntary.

(8) A request under this rule isgoverned also by Rule 4-202.06. A motion or petition under this rule is notgoverned by Rule 4-202.06 or Rule 4-202.07.

 

Effectivedate: May 1, 2016