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House Journal: Page 932: Wednesday, March 22, 1995

21   pursuant to section 624B.4  Nonparties may intervene
22   as a matter of right for the limited purpose of
23   participating in the proceedings which will determine
24   whether court records are sealed.  The court may
25   inspect records in camera.
26     Sec. ___.  NEW SECTION.  624B.6  TEMPORARY SEALING
27   ORDER.
28     A temporary sealing order may issue upon motion and
29   notice to any parties who have answered in the case,
30   upon a showing of compelling need from specific facts
31   shown by affidavit or by verified petition that
32   immediate and irreparable injury will result to a
33   specific interest of the movant before notice can be
34   posted and a hearing held.  A temporary sealing order
35   shall set forth the time for the hearing required by
36   section 624B.5 and shall direct the movant to give the
37   notice required by section 624B.4.  The court may
38   modify or withdraw any temporary order upon motion by
39   any party or intervenor, following notice to all
40   parties and a hearing conducted as soon as
41   practicable.  Issuance of a temporary order shall not
42   reduce the burden of proof of the party seeking to
43   seal court records.
44     Sec. ___.  NEW SECTION.  624B.7  ORDER ON MOTION TO
45   SEAL COURT RECORDS.
46     A motion relating to sealing or opening court
47   records shall be decided by written order, open to
48   public inspection, which shall state the style and
49   number of the case, the specific reasons for finding
50   and concluding whether the showing required by section

Page   3

 1   624B.2 has been made, the specific court records or
 2   portions of court records which are to be sealed, and
 3   the period of time the records are to be sealed.  The
 4   order shall not be included in any judgment or other
 5   order but shall be a separate document in the case.
 6   However, failure to comply with this requirement shall
 7   not affect the appealability of the order.
 8     Sec. ___.  NEW SECTION.  624B.8  CONTINUING
 9   JURISDICTION.
10     Any person may intervene as a matter of right at
11   any time before or after judgment to seal or open
12   court records.  A court that issues an order sealing
13   court records retains continuing jurisdiction to
14   enforce, alter, or vacate that order.  An order
15   sealing or opening court records shall be reconsidered
16   on motion of any party or intervenor, who had actual
17   notice of the hearing preceding issuance of the order,
18   without first showing changed circumstances materially
19   affecting the order.  The circumstances need not be
20   related to the case in which the order was issued.
21   However, the burden of making the showing required by
22   section 624B.2 shall be on the party seeking to seal
23   records.

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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