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PAG LIN
1 1 Amend House File 362 as follows:
1 2 #1. Page 1, by inserting after line 17 the
1 3 following:
1 4 "Sec. . NEW SECTION. 624B.1 TITLE &endash;
1 5 DEFINITION.
1 6 1. This chapter shall be known as the "Sunshine in
1 7 Litigation Act."
1 8 2. For the purposes of this chapter, unless the
1 9 context otherwise requires, "court records" means any
1 10 of the following:
1 11 a. All documents of any nature filed in connection
1 12 with any matter before any civil court, except any of
1 13 the following:
1 14 (1) Documents filed with a court in camera, only
1 15 for the purpose of obtaining a ruling on the
1 16 discoverability of such documents.
1 17 (2) Documents in court files to which access is
1 18 otherwise restricted by law.
1 19 b. Settlement agreements, not filed of record,
1 20 that seek to restrict disclosure of information
1 21 concerning matters that have a probable adverse effect
1 22 upon the general public health or safety, the
1 23 administration of public office, or the operation of
1 24 government.
1 25 c. Discovery, not filed of record, concerning
1 26 matters that have a probable adverse effect upon the
1 27 general health or safety, the administration of public
1 28 office, or the operation of government, except
1 29 discovery not filed of record in cases originally
1 30 initiated to preserve bona fide trade secrets or other
1 31 intangible property rights.
1 32 Sec. . NEW SECTION. 624B.2 SEALING RECORDS.
1 33 A court order or opinion issued in the adjudication
1 34 of a case shall not be sealed. Other court records
1 35 are presumed to be open to the general public but may
1 36 be sealed only upon a showing pursuant to the
1 37 procedures of this chapter and all of the following:
1 38 1. A specific, serious, and substantial interest
1 39 which clearly outweighs the presumption of openness
1 40 and any probable adverse effect that sealing will have
1 41 upon the general public health or safety.
1 42 2. No less restrictive means than sealing the
1 43 records will adequately and effectively protect the
1 44 specific interest asserted.
1 45 Sec. . NEW SECTION. 624B.3 COERCION.
1 46 A person shall not offer an inducement to a party
1 47 to a civil action designed to influence that party in
1 48 regard to the sealing of any court record. Violation
1 49 of this section is punishable as a contempt of court.
1 50 Sec. . NEW SECTION. 624B.4 NOTICE.
2 1 Court records may be sealed only upon a party's
2 2 written motion, which shall be open to public
2 3 inspection. The movant shall post a public notice in
2 4 the manner that notices for meetings of county
2 5 governmental bodies are required to be posted. The
2 6 notice shall contain the content of the motion,
2 7 identify the case in which the motion has been filed,
2 8 and state that a hearing will be held in open court on
2 9 the motion and that any person may intervene and be
2 10 heard concerning the motion. The notice shall also
2 11 contain the date and time of the hearing and a brief
2 12 but specific description of the nature of the case,
2 13 the court records sought to be sealed, and the
2 14 identity of the movant. A verified copy of the notice
2 15 shall be filed by the movant with the clerk of the
2 16 supreme court.
2 17 Sec. . NEW SECTION. 624B.5 HEARING.
2 18 A hearing shall be held in open court on a motion
2 19 to seal court records as soon as practicable but not
2 20 less than fourteen days after notice is posted
2 21 pursuant to section 624B.4 Nonparties may intervene
2 22 as a matter of right for the limited purpose of
2 23 participating in the proceedings which will determine
2 24 whether court records are sealed. The court may
2 25 inspect records in camera.
2 26 Sec. . NEW SECTION. 624B.6 TEMPORARY SEALING
2 27 ORDER.
2 28 A temporary sealing order may issue upon motion and
2 29 notice to any parties who have answered in the case,
2 30 upon a showing of compelling need from specific facts
2 31 shown by affidavit or by verified petition that
2 32 immediate and irreparable injury will result to a
2 33 specific interest of the movant before notice can be
2 34 posted and a hearing held. A temporary sealing order
2 35 shall set forth the time for the hearing required by
2 36 section 624B.5 and shall direct the movant to give the
2 37 notice required by section 624B.4. The court may
2 38 modify or withdraw any temporary order upon motion by
2 39 any party or intervenor, following notice to all
2 40 parties and a hearing conducted as soon as
2 41 practicable. Issuance of a temporary order shall not
2 42 reduce the burden of proof of the party seeking to
2 43 seal court records.
2 44 Sec. . NEW SECTION. 624B.7 ORDER ON MOTION TO
2 45 SEAL COURT RECORDS.
2 46 A motion relating to sealing or opening court
2 47 records shall be decided by written order, open to
2 48 public inspection, which shall state the style and
2 49 number of the case, the specific reasons for finding
2 50 and concluding whether the showing required by section
3 1 624B.2 has been made, the specific court records or
3 2 portions of court records which are to be sealed, and
3 3 the period of time the records are to be sealed. The
3 4 order shall not be included in any judgment or other
3 5 order but shall be a separate document in the case.
3 6 However, failure to comply with this requirement shall
3 7 not affect the appealability of the order.
3 8 Sec. . NEW SECTION. 624B.8 CONTINUING
3 9 JURISDICTION.
3 10 Any person may intervene as a matter of right at
3 11 any time before or after judgment to seal or open
3 12 court records. A court that issues an order sealing
3 13 court records retains continuing jurisdiction to
3 14 enforce, alter, or vacate that order. An order
3 15 sealing or opening court records shall be reconsidered
3 16 on motion of any party or intervenor, who had actual
3 17 notice of the hearing preceding issuance of the order,
3 18 without first showing changed circumstances materially
3 19 affecting the order. The circumstances need not be
3 20 related to the case in which the order was issued.
3 21 However, the burden of making the showing required by
3 22 section 624B.2 shall be on the party seeking to seal
3 23 records.
3 24 Sec. . NEW SECTION. 624B.9 APPEAL.
3 25 An order or a portion of an order, relating to
3 26 sealing or opening court records, shall be deemed to
3 27 be severed from the case and a final judgment which
3 28 may be appealed by any party or intervenor who
3 29 participated in the hearing preceding issuance of such
3 30 order. The appellate court may abate the appeal and
3 31 order the trial court to direct that further public
3 32 notice be given, to hold further hearings, or to make
3 33 additional findings.
3 34 Sec. . NEW SECTION. 624B.10 APPLICABILITY
3 35 DATE.
3 36 Access to documents in court files not defined as
3 37 court records by this chapter remains governed by
3 38 existing law. This chapter does not apply to any
3 39 court records sealed in an action in which a final
3 40 judgment has been entered before July 1, 1996. This
3 41 chapter applies to cases pending on July 1, 1996, only
3 42 with regard to court records filed or exchanged on or
3 43 after July 1, 1996, and any motion filed on or after
3 44 July 1, 1996, to alter or vacate an order restricting
3 45 access to court records issued before July 1, 1996."
3 46 #2. Title page, line 3, by inserting after the
3 47 word "circumstances" the following: "and to public
3 48 access to court records, and providing for the Act's
3 49 applicability".
3 50 #3. By renumbering as necessary.
4 1
4 2
4 3
4 4 Moreland of Wapello
4 5
4 6
4 7
4 8 KREIMAN of Davis
4 9
4 10
4 11
4 12 HOLVECK of Polk
4 13 HF 362.301 76
4 14 mk/cf
Text: H03401 Text: H03403 Text: H03400 - H03499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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