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House Journal: Page 931: Wednesday, March 22, 1995

18   otherwise restricted by law.
19     b.  Settlement agreements, not filed of record,
20   that seek to restrict disclosure of information
21   concerning matters that have a probable adverse effect
22   upon the general public health or safety, the
23   administration of public office, or the operation of
24   government.
25     c.  Discovery, not filed of record, concerning
26   matters that have a probable adverse effect upon the
27   general health or safety, the administration of public
28   office, or the operation of government, except
29   discovery not filed of record in cases originally
30   initiated to preserve bona fide trade secrets or other
31   intangible property rights.
32     Sec. ___.  NEW SECTION.  624B.2  SEALING RECORDS.
33     A court order or opinion issued in the adjudication
34   of a case shall not be sealed.  Other court records
35   are presumed to be open to the general public but may
36   be sealed only upon a showing pursuant to the
37   procedures of this chapter and all of the following:
38     1.  A specific, serious, and substantial interest
39   which clearly outweighs the presumption of openness
40   and any probable adverse effect that sealing will have
41   upon the general public health or safety.
42     2.  No less restrictive means than sealing the
43   records will adequately and effectively protect the
44   specific interest asserted.
45     Sec. ___.  NEW SECTION.  624B.3  COERCION.
46     A person shall not offer an inducement to a party
47   to a civil action designed to influence that party in
48   regard to the sealing of any court record.  Violation
49   of this section is punishable as a contempt of court.
50     Sec. ___.  NEW SECTION.  624B.4  NOTICE.

Page 2  

 1     Court records may be sealed only upon a party's
 2   written motion, which shall be open to public
 3   inspection.  The movant shall post a public notice in
 4   the manner that notices for meetings of county
 5   governmental bodies are required to be posted.  The
 6   notice shall contain the content of the motion,
 7   identify the case in which the motion has been filed,
 8   and state that a hearing will be held in open court on
 9   the motion and that any person may intervene and be
10   heard concerning the motion.  The notice shall also
11   contain the date and time of the hearing and a brief
12   but specific description of the nature of the case,
13   the court records sought to be sealed, and the
14   identity of the movant.  A verified copy of the notice
15   shall be filed by the movant with the clerk of the
16   supreme court.
17     Sec. ___.  NEW SECTION.  624B.5  HEARING.
18     A hearing shall be held in open court on a motion
19   to seal court records as soon as practicable but not
20   less than fourteen days after notice is posted

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.1/HJournal/00900/00931.html
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