Text: SF00256 Text: SF00258 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 624B.1 TITLE &endash; DEFINITION. 1 2 1. This chapter shall be known as the "Sunshine in Liti- 1 3 gation Act." 1 4 2. For the purposes of this chapter, unless the context 1 5 otherwise requires, "court records" means any of the 1 6 following: 1 7 a. All documents of any nature filed in connection with 1 8 any matter before any civil court, except any of the 1 9 following: 1 10 (1) Documents filed with a court in camera, only for the 1 11 purpose of obtaining a ruling on the discoverability of such 1 12 documents. 1 13 (2) Documents in court files to which access is otherwise 1 14 restricted by law. 1 15 b. Settlement agreements, not filed of record, that seek 1 16 to restrict disclosure of information concerning matters that 1 17 have a probable adverse effect upon the general public health 1 18 or safety, the administration of public office, or the 1 19 operation of government. 1 20 c. Discovery, not filed of record, concerning matters that 1 21 have a probable adverse effect upon the general health or 1 22 safety, the administration of public office, or the operation 1 23 of government, except discovery not filed of record in cases 1 24 originally initiated to preserve bona fide trade secrets or 1 25 other intangible property rights. 1 26 Sec. 2. NEW SECTION. 624B.2 SEALING RECORDS. 1 27 A court order or opinion issued in the adjudication of a 1 28 case shall not be sealed. Other court records are presumed to 1 29 be open to the general public but may be sealed only upon a 1 30 showing pursuant to the procedures of this chapter and all of 1 31 the following: 1 32 1. A specific, serious, and substantial interest which 1 33 clearly outweighs the presumption of openness and any probable 1 34 adverse effect that sealing will have upon the general public 1 35 health or safety. 2 1 2. No less restrictive means than sealing the records will 2 2 adequately and effectively protect the specific interest as- 2 3 serted. 2 4 Sec. 3. NEW SECTION. 624B.3 COERCION. 2 5 A person shall not offer an inducement to a party to a 2 6 civil action designed to influence that party in regard to the 2 7 sealing of any court record. Violation of this section is 2 8 punishable as a contempt of court. 2 9 Sec. 4. NEW SECTION. 624B.4 NOTICE. 2 10 Court records may be sealed only upon a party's written 2 11 motion, which shall be open to public inspection. The movant 2 12 shall post a public notice in the manner that notices for 2 13 meetings of county governmental bodies are required to be 2 14 posted. The notice shall contain the content of the motion, 2 15 identify the case in which the motion has been filed, and 2 16 state that a hearing will be held in open court on the motion 2 17 and that any person may intervene and be heard concerning the 2 18 motion. The notice shall also contain the date and time of 2 19 the hearing and a brief but specific description of the nature 2 20 of the case, the court records sought to be sealed, and the 2 21 identity of the movant. A verified copy of the notice shall 2 22 be filed by the movant with the clerk of the supreme court. 2 23 Sec. 5. NEW SECTION. 624B.5 HEARING. 2 24 A hearing shall be held in open court on a motion to seal 2 25 court records as soon as practicable but not less than 2 26 fourteen days after notice is posted pursuant to section 2 27 624B.4 Nonparties may intervene as a matter of right for the 2 28 limited purpose of participating in the proceedings which will 2 29 determine whether court records are sealed. The court may 2 30 inspect records in camera. 2 31 Sec. 6. NEW SECTION. 624B.6 TEMPORARY SEALING ORDER. 2 32 A temporary sealing order may issue upon motion and notice 2 33 to any parties who have answered in the case, upon a showing 2 34 of compelling need from specific facts shown by affidavit or 2 35 by verified petition that immediate and irreparable injury 3 1 will result to a specific interest of the movant before notice 3 2 can be posted and a hearing held. A temporary sealing order 3 3 shall set forth the time for the hearing required by section 3 4 624B.5 and shall direct the movant to give the notice required 3 5 by section 624B.4. The court may modify or withdraw any 3 6 temporary order upon motion by any party or intervenor, 3 7 following notice to all parties and a hearing conducted as 3 8 soon as practicable. Issuance of a temporary order shall not 3 9 reduce the burden of proof of the party seeking to seal court 3 10 records. 3 11 Sec. 7. NEW SECTION. 624B.7 ORDER ON MOTION TO SEAL 3 12 COURT RECORDS. 3 13 A motion relating to sealing or opening court records shall 3 14 be decided by written order, open to public inspection, which 3 15 shall state the style and number of the case, the specific 3 16 reasons for finding and concluding whether the showing re- 3 17 quired by section 624B.2 has been made, the specific court 3 18 records or portions of court records which are to be sealed, 3 19 and the period of time the records are to be sealed. The 3 20 order shall not be included in any judgment or other order but 3 21 shall be a separate document in the case. However, failure to 3 22 comply with this requirement shall not affect the 3 23 appealability of the order. 3 24 Sec. 8. NEW SECTION. 624B.8 CONTINUING JURISDICTION. 3 25 Any person may intervene as a matter of right at any time 3 26 before or after judgment to seal or open court records. A 3 27 court that issues an order sealing court records retains 3 28 continuing jurisdiction to enforce, alter, or vacate that 3 29 order. An order sealing or opening court records shall be 3 30 reconsidered on motion of any party or intervenor, who had 3 31 actual notice of the hearing preceding issuance of the order, 3 32 without first showing changed circumstances materially af- 3 33 fecting the order. The circumstances need not be related to 3 34 the case in which the order was issued. However, the burden 3 35 of making the showing required by section 624B.2 shall be on 4 1 the party seeking to seal records. 4 2 Sec. 9. NEW SECTION. 624B.9 APPEAL. 4 3 An order or a portion of an order, relating to sealing or 4 4 opening court records, shall be deemed to be severed from the 4 5 case and a final judgment which may be appealed by any party 4 6 or intervenor who participated in the hearing preceding is- 4 7 suance of such order. The appellate court may abate the 4 8 appeal and order the trial court to direct that further public 4 9 notice be given, to hold further hearings, or to make addi- 4 10 tional findings. 4 11 Sec. 10. NEW SECTION. 624B.10 APPLICABILITY DATE. 4 12 Access to documents in court files not defined as court 4 13 records by this chapter remains governed by existing law. 4 14 This chapter does not apply to any court records sealed in an 4 15 action in which a final judgment has been entered before July 4 16 1, 1996. This chapter applies to cases pending on July 1, 4 17 1996, only with regard to court records filed or exchanged on 4 18 or after July 1, 1996, and any motion filed on or after July 4 19 1, 1996, to alter or vacate an order restricting access to 4 20 court records issued before July 1, 1996. 4 21 EXPLANATION 4 22 This bill provides a presumption that all court records in 4 23 civil actions are open to the public unless access is re- 4 24 stricted by operation of other law. The bill also provides a 4 25 mechanism for hearings on motions to seal court records and 4 26 for appeal of orders relating to the sealing of court records. 4 27 The bill applies to cases pending on and after July 1, 1996. 4 28 LSB 2226SV 76 4 29 mk/jw/5
Text: SF00256 Text: SF00258 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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