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Rule 4-202.06.Response to request to access or classify a court record.


To establish the steps required for responding to a request.


This rule applies to requests to access or to classify a courtrecord other than a motion under Rule 4-202.04.

Statement of the Rule:

(1) The court shall take all steps necessary for respondingto a request for records as soon as reasonably possible. The judge presidingover a trial may withhold the names of jurors for up to 5 business days aftertrial.

(2) The person to whom a written request is submitted shallrespond within 10 business days, or within 5 business days if the requestdemonstrates that:

(2)(A) an expedited response benefits the public rather thanthe requester; or

(2)(B) the record is for a story or report for publicationor broadcast to the general public.

(3) If a requester claims the request qualifies for anexpedited response, the person to whom the request is submitted shall, withinfive business days after receiving the request, respond to the request ornotify the requester that they have not demonstrated that the request benefitsthe public rather than the person and that the response will not be expedited.

(4) The person to whom the request is submitted shallrespond by:

(4)(A) providing the record;

(4)(B) denying the request; or

(4)(C) notifying the requester that the court does notmaintain the record and providing, if known, the name and address of thegovernmental entity that does maintain the record.

(5) Under extraordinary circumstances, the person to whomthe request is submitted may respond by identifying the circumstance thatprevents the request from being timely approved or denied and the estimateddate when the final response will be made. The following constituteextraordinary circumstances:

(5)(A) another governmental entity is using the record;

(5)(B) the request is for a large number of records;

(5)(C) the court is currently processing a large number ofrequests for records;

(5)(D) the court must locate the records;

(5)(E) the court must separate records that the requestermay access from records the requester may not access;

(5)(F) the court must provide notice of the request to aperson whose interests are protected by closure; or

(5)(G) the court must seek legal advice on whether to allowaccess.

(6) A written request to access a court record or toclassify a court record as private or protected is deemed denied if the initialresponse is not mailed within 10 business days after receiving the writtenrequest or the final response is not mailed within the time estimated in theinitial or subsequent response.

(7) The response shall be mailed to the requester. If therequest is denied, the response shall:

(7)(A) describe the record or portions of the record towhich access is denied in a manner that does not disclose information otherthan public information;

(7)(B) refer to the authority under which the request isbeing denied;

(7)(C) make findings and conclusions about specific records;

(7)(D) identify and balance the interests favoring openingand closing the record; and, if the record is closed, determine there are noreasonable alternatives to closure sufficient to protect the interests favoringclosure;

(7)(E) state that the requester may appeal or seek judicialreview; and

(7)(F) state the time limits for filing an appeal orpetition for judicial review and the name and address of the person to whom theappeal or petition must be directed.

(8)(A) If the request is to access an adoption record, theperson to whom the request is submitted shall respond by providing only thecase number.

(8)(B) If the request is to access a sealed record or arecord in which the name of a person is the interest protected by closure, theperson to whom the request is submitted shall respond, without indicatingwhether the record exists, that such records are not accessible.

(8)(C) If the request is to access a record of a Children?sJustice Center investigative interview, the person to whom the request issubmitted shall follow the procedures in Section 77-37-4.

(9) The court shall retain custody of and keep safe anyrecord to which access is denied until the period for an appeal has expired orthe appeal process has concluded.

(10) A document required to be sent by mail may be sent byemail, fax or hand-delivery.