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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 that 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 2226SC 76
4 29 mk/jw/5
Text: SSB00188 Text: SSB00190 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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