Rule 2.550. Sealed records

(a) Application

(1) Rules 2.550-2.551 apply to records sealed or proposed to be sealed by court order.

(2) These rules do not apply to records that are required to be kept confidential by law.

(3) These rules do not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings. However, the rules do apply to discovery materials that are used at trial or submitted as a basis for adjudication of matters other than discovery motions or proceedings.

(b) Definitions As used in this chapter:

(1) “Record.” Unless the context indicates otherwise, “record” means all or a portion of any document, paper, exhibit, transcript, or other thing filed or lodged with the court, by electronic means or otherwise.

(2) “Sealed.” A “sealed” record is a record that by court order is not open to inspection by the public.

(3) “Lodged.” A “lodged” record is a record that is temporarily placed or deposited with the court, but not filed.

(c) Court records presumed to be open Unless confidentiality is required by law, court records are presumed to be open.

(d) Express factual findings required to seal records The court may order that a record be filed under seal only if it expressly finds facts that establish:

(1) There exists an overriding interest that overcomes the right of public access to the record;

(2) The overriding interest supports sealing the record;

(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;

(4) The proposed sealing is narrowly tailored; and

(5) No less restrictive means exist to achieve the overriding interest.

(e) Content and scope of the order

(1) An order sealing the record must:

(A) Specifically state the facts that support the findings; and

(B) Direct the sealing of only those documents and pages, or, if reasonably practicable, portions of those documents and pages, that contain the material that needs to be placed under seal. All other portions of each document or page must be included in the public file.

(2) Consistent with Code of Civil Procedure sections 639 and 645.1, if the records that a party is requesting be placed under seal are voluminous, the court may appoint a referee and fix and allocate the referee’s fees among the parties.

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2004.)

(Subd (e) amended effective January 1, 2007; previously amended effective January 1, 2004.)