Rule 2: Who Has Access Under This Rule.
Effective January 1, 2020
(A) All persons have access to Court Records as provided in this rule, except as provided in subsection (B) of this rule.
(B) The following persons, in accordance with their functions within the judicial system, may have greater access to Court Records:
(1) Court, Court agency or Clerk of Court employees, including courts of the United States of America and their related court agencies and clerk of court employees;
(2) private or governmental persons or entities who assist a court in providing court services;
(3) public agencies whose access to Court Records is defined by other statutes, rules, orders or policies;
(4) the parties to a case or their lawyers with respect to their own case; and
(5) prospective lawyers in juvenile paternity cases and the lawyers’ agents, upon the lawyer’s filing with the court an Assurance of Confidentiality in substantial compliance with the form appended to this Rule.
Commentary
Subsection (A) provides the general rule that all persons, including members of the general public, the media, and commercial and noncommercial entities, are entitled to the same basic level of access to Court Records. Access to Court Records is not determined by who is seeking access or the purpose for seeking access, although some users, such as court employees or the parties to a particular case, and their lawyers, may have greater access to those particular records than is afforded the general public.
Subsection (B) provides the exception to the general rule and specifies the entities and persons for whom courts may provide greater access for effective management of the judicial system and the protection of the right to a fair trial.