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House Journal: Page 947: Tuesday, April 1, 1997

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

Page 3

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

Iowa General Assembly

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

© 1997 Cornell College and League of Women Voters of Iowa

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