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PAG LIN
1 1 Amend House File 693 as follows:
1 2 #1. Page 7, by inserting after line 35 the
1 3 following:
1 4 "Sec. . NEW SECTION. 624B.1 TITLE –
1 5 DEFINITIONS.
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 for in camera
1 15 review 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 public health or safety, the administration of
1 28 public 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 pursuant to the procedures of this chapter
1 37 upon a showing of 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 person seeking to have court records
2 4 sealed shall post a public notice in the manner that
2 5 notices for meetings of county governmental bodies are
2 6 required to be posted pursuant to section 21.4. The
2 7 notice shall contain the content of the motion,
2 8 identify the case in which the motion has been filed,
2 9 and state that a hearing will be held in open court on
2 10 the motion and that any person may intervene and be
2 11 heard concerning the motion. The notice shall also
2 12 contain the date and time of the hearing and a brief
2 13 but specific description of the nature of the case,
2 14 the court records sought to be sealed, and the
2 15 identity of the person seeking to have court records
2 16 sealed. A verified copy of the notice shall be filed
2 17 with the clerk of court by the person seeking to have
2 18 court records sealed.
2 19 Sec. . NEW SECTION. 624B.5 HEARING.
2 20 A hearing shall be held in open court on a motion
2 21 to seal court records as soon as practicable but not
2 22 less than fourteen days after notice is posted
2 23 pursuant to section 624B.4. Nonparties may intervene
2 24 as a matter of right for the limited purpose of
2 25 participating in the proceedings which will determine
2 26 whether court records are sealed. The court may
2 27 inspect records in camera.
2 28 Sec. . NEW SECTION. 624B.6 TEMPORARY SEALING
2 29 ORDER.
2 30 A temporary sealing order may issue upon motion and
2 31 notice to any parties who have answered in the case,
2 32 upon a showing of compelling need from specific facts
2 33 shown by affidavit or by verified petition that
2 34 immediate and irreparable injury will result to a
2 35 specific interest of the movant before notice can be
2 36 posted and a hearing held. A temporary sealing order
2 37 shall set forth the time for the hearing required by
2 38 section 624B.5 and shall direct the person seeking to
2 39 have court records sealed to give the notice required
2 40 by section 624B.4. The court may modify or withdraw
2 41 any temporary order upon motion by any party or
2 42 intervenor, following notice to all parties and a
2 43 hearing conducted as soon as practicable. Issuance of
2 44 a temporary order shall not reduce the burden of proof
2 45 of the party seeking to seal court records.
2 46 Sec. . NEW SECTION. 624B.7 ORDER ON MOTION TO
2 47 SEAL COURT RECORDS.
2 48 A motion relating to sealing or opening court
2 49 records shall be decided by written order, open to
2 50 public inspection, which shall state the style and
3 1 number of the case, the specific reasons for finding
3 2 and concluding whether the showing required by section
3 3 624B.2 has been made, the specific court records or
3 4 portions of court records which are to be sealed, and
3 5 the period of time the records are to be sealed. The
3 6 order shall not be included in any judgment or other
3 7 order but shall be a separate document in the case.
3 8 However, failure to comply with this requirement shall
3 9 not affect the appealability of the order.
3 10 Sec. . NEW SECTION. 624B.8 CONTINUING
3 11 JURISDICTION.
3 12 Any person may intervene as a matter of right at
3 13 any time before or after judgment to seal or open
3 14 court records. A court that issues an order sealing
3 15 court records retains continuing jurisdiction to
3 16 enforce, alter, or vacate that order. An order
3 17 sealing or opening court records shall be reconsidered
3 18 on motion of any party or intervenor, who had actual
3 19 notice of the hearing preceding issuance of the order,
3 20 without first showing changed circumstances materially
3 21 affecting the order. The circumstances need not be
3 22 related to the case in which the order was issued.
3 23 However, the burden of making the showing required by
3 24 section 624B.2 shall be on the party seeking to seal
3 25 records.
3 26 Sec. . NEW SECTION. 624B.9 APPEAL.
3 27 An order or a portion of an order relating to
3 28 sealing or opening court records shall be deemed to be
3 29 severed from the case and a final adjudication of that
3 30 issue, and may be appealed by any party or intervenor
3 31 who participated in the hearing preceding issuance of
3 32 the order. The appellate court may stay the appeal
3 33 and order the trial court to direct that further
3 34 public notice be given, to hold further hearings, or
3 35 to make additional findings.
3 36 Sec. . NEW SECTION. 624B.10 APPLICABILITY
3 37 DATE.
3 38 Access to documents in court files not defined as
3 39 court records by this chapter remains governed by
3 40 existing law. This chapter does not apply to any court
3 41 records sealed in an action in which a final judgment
3 42 was entered before July 1, 1997. This chapter applies
3 43 to cases pending on July 1, 1997, only with regard to
3 44 court records filed or exchanged on or after July 1,
3 45 1997, and any motion filed on or after July 1, 1997,
3 46 to alter or vacate an order restricting access to
3 47 court records issued before July 1, 1997."
3 48 #2. Title page, line 5, by inserting after the
3 49 word "actions," the following: "sealing and opening
3 50 court records,".
4 1 #3. By renumbering as necessary.
4 2
4 3
4 4
4 5 MORELAND of Wapello
4 6 HF 693.306 77
4 7 tm/cf/28
Text: H01456 Text: H01458 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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