Rule 9. Court Records and Fees
Effective January 1, 2020
(A) [Repealed and replaced by Access to Court Records Rule 1].
(B) [Repealed and replaced by Access to Court Records Rule 2].
(C) Definitions.
For purpose of this rule:
(1) “Remote Access” means the ability of a person to inspect and copy information in a Court Record in electronic form through an electronic means.
(2) “In Electronic Form” means any information in a Court Record in a form that is readable through the use of an electronic device, regardless of the manner in which it was created.
(3) “Bulk Distribution” means the distribution of all, or a subset of, the information in Court Records in electronic form, as is, and without modification or compilation.
(4) “Compiled Information” means information that is derived from the selection, aggregation or reformulation of all, or a subset of all, the information from more than one individual Court Record in electronic form.
(5) All terms defined in Access to Court Records Rule 3 shall also apply to this rule.
(D) [Repealed and replaced by Access to Court Records Rule 4].
(E) Remote Access to Court Records.
(1) The Indiana Supreme Court shall decide which Court Records will be available via Remote Access to the public. The Office of Court Services shall create and maintain a list available to judicial officers, attorneys, litigants, and the public.
(2) Trial courts may not provide Remote Access to additional records unless specifically authorized by the Indiana Supreme Court. However, trial courts shall make available, in an electronic or other format, daily calendars or dockets of court proceedings, including case numbers and captions, date, time, and location of hearings.
(3) Unless expressly provided by these Rules or state law, no fee shall be charged for Remote Access to Court Records.
Commentary
This rule does not impose an affirmative obligation to preserve information or data or to transform information or data received into a format or medium that is not otherwise routinely maintained by the court. While this section encourages courts to make the designated information available to the public through remote access, this is not required, even if the information already exists in an electronic format.
(F) Bulk Distribution and Compiled Information.
(1) Upon written request as provided in this section, Bulk Distribution or Compiled Information that is not excluded by Access to Court Records Rule 5 may be provided. Bulk Distribution or Compiled Information that is excluded Access to Court Records Rule 5, copies of documents and financial information may also be allowed by written contract with the Office of Judicial Administration.
(2) Except as provided in 2(b):
(a) Requests for Bulk Distribution or Compiled Information shall be made to the Indiana Office of Judicial Administration.
(b) Courts and clerks within a judicial circuit may provide nonconfidential, Compiled Information from their case management system in response to a request for information that is normally available to the public via public access.
(3) The Chief Administrative Officer may establish fees for Bulk Distribution or Compiled Information.
Commentary
Section (F)(2)(b) authorizes Courts, in their discretion, to provide access to Bulk Distribution and Compiled Information that is accessible to the public. It does not require that such information be made available. Permitting Bulk Distribution or Compiled Information should not be authorized if providing the data will interfere with the normal operations of the court. In allowing Bulk Distribution or Compiled Information requests, Courts shall limit bulk data to Court Records, even if those requesting this information are seeking other information which is governed by other agencies' policies.
(G) [Repealed and replaced by Access to Court Records Rule 5].
(H) When Court Records May Be Accessed.
(1) Court Records which are publicly accessible will be available for Public Access in the courthouse during regular business hours established by the court. Court Records in electronic form to which the court allows Remote Access under this policy will be available for access during hours established by the court, subject to unexpected technical failures or normal system maintenance announced in advance.
(2) Upon receiving a request pursuant to section 9(F) or Access to Court Records Rule 5, a court will respond within a reasonable period of time.
Commentary
This section does not preclude or require “after hours” access to Court Records in electronic form. Courts are encouraged to provide access to records in electronic form beyond the hours access is available at the courthouse, however, it is not the intent of this rule to compel such additional access.
(I) Contracts With Vendors Providing Information Technology Services Regarding Court Records.
(1) If a court or other private or governmental entity contracts with a vendor to provide information technology support to gather, store, or make accessible Court Records, the contract will require the vendor to comply with the intent and provisions of this access policy. For purposes of this section, the term “vendor” also includes a state, county, or local governmental agency that provides information technology services to a court.
(2) Each contract shall require the vendor to assist the court in its role of educating litigants and the public about this rule. The vendor shall also be responsible for training its employees and subcontractors about the provisions of this rule.
(3) Each contract shall prohibit vendors from disseminating Bulk Distribution or Compiled Information, without first obtaining approval as required by this Rule.
(4) Each contract shall require the vendor to acknowledge that Court Records remain the property of the court and are subject to the directions and orders of the court with respect to the handling and access to the Court Records, as well as the provisions of this rule.
(5) These requirements are in addition to those otherwise imposed by law.
Commentary
This section is intended to apply when information technology services are provided to a court by an agency outside the judicial branch, or by outsourcing of court information technology services to non-governmental entities. Implicit in this rule is the concept that all Court Records are under the authority of the judiciary, and that the judiciary has the responsibility to ensure Public Access to Court Records and to restrict access where appropriate. This applies as well to Court Records maintained in systems operated by a Clerk of Court or other non-judicial governmental department or agency.
This section does not supersede or alter the requirements of Trial Rule 77(K) which requires that, before Court Records may be made available through the internet or other electronic method, the information to be posted, its format, pricing structure, method of dissemination, and changes thereto must receive advance approval by the IOJA.