Part 4 · Court Records

Rule 2.573. Unsealing of records and management of False Claims Act cases

Amended January 1, 2007 (current) Contains Deadlines

(a) Expiration or lifting of seal

(1) Records in a False Claims Act case to which public access has been prohibited under Government Code section 12652(c) must remain under seal until the Attorney General and all local prosecuting authorities involved in the action have notified the court of their decision to intervene or not intervene.

(2) The Attorney General and all local prosecuting authorities involved in the action must give the notice required under (1) within 60 days of the filing of the complaint or before an order extending the time to intervene has expired, unless a new motion to extend time to intervene is pending, in which case the seal remains in effect until a ruling is made on the motion.

(b) Coordination of state and local authorities The Attorney General and all local prosecuting authorities must coordinate their activities to provide timely and effective notice to the court that:

(1) A political subdivision or subdivisions remain interested in the action and have not yet determined whether to intervene; or

(2) The seal has been extended by the filing or grant of a motion to extend time to intervene, and therefore the seal has not expired.

(c) Designation of lead local prosecuting authority In a False Claims Act case in which the Attorney General is not involved or has declined to intervene and local prosecuting authorities remain interested in the action, the court may designate a lead prosecuting authority to keep the court apprised of whether all the prosecuting authorities have either intervened or declined to intervene, and whether the seal is to be lifted.

(d) Order unsealing record The Attorney General or other prosecuting authority filing a notice of intervention or nonintervention must submit a proposed order indicating the documents that are to be unsealed or to remain sealed.

**** Title 2, Trial Court Rules-Division 4, Court Records-Chapter 5, Name Change Proceedings Under Address Confidentiality Program; adopted effective January 1, 2010.

(e) Case management

(1) Case management conferences

(2) Exemption from case management rules

Committee Notes

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

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

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