This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 946: Tuesday, April 1, 1997

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 pursuant to the procedures of this chapter
37   upon a showing of 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 person seeking to have court records
 4   sealed shall post a public notice in the manner that
 5   notices for meetings of county governmental bodies are
 6   required to be posted pursuant to section 21.4.  The
 7   notice shall contain the content of the motion,
 8   identify the case in which the motion has been filed,
 9   and state that a hearing will be held in open court on
10   the motion and that any person may intervene and be
11   heard concerning the motion.  The notice shall also
12   contain the date and time of the hearing and a brief
13   but specific description of the nature of the case,
14   the court records sought to be sealed, and the
15   identity of the person seeking to have court records
16   sealed.  A verified copy of the notice shall be filed
17   with the clerk of court by the person seeking to have
18   court records sealed.
19     Sec. ___.  NEW SECTION.  624B.5  HEARING.
20     A hearing shall be held in open court on a motion
21   to seal court records as soon as practicable but not
22   less than fourteen days after notice is posted
23   pursuant to section 624B.4.  Nonparties may intervene
24   as a matter of right for the limited purpose of
25   participating in the proceedings which will determine
26   whether court records are sealed.  The court may
27   inspect records in camera.
28     Sec. ___.  NEW SECTION.  624B.6  TEMPORARY SEALING

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Apr 2 13:40:03 CST 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/00900/00946.html
jhf