Rule 9 Limiting or Granting Access to Court Records

(a) Motion to Seal or Redact Case Records; Temporary Sealing; Procedure and Findings by Court.

(1) Power of Court to Seal or Redact. As provided in this rule, the court may in a particular case seal from public access an otherwise public court record, or may redact information from or seal a portion of a public record.

(2) Motion to Seal or Redact. A motion to seal or redact a new court filing and materials associated therewith, whether made by a party or initiated by the court, and any responsive filings thereto, shall not be publicly accessible until the court issues its decision and order on the motion. Existing court records already publicly accessible shall remain so until the court’s ruling on any motion to seal or redact such a record, unless a temporary sealing order is issued. The court may issue a temporary order to seal or redact information from a filing or other court record prior to issuing a ruling on a motion to seal or redact.

(3) Procedure. A motion to seal or redact a new court filing and materials associated therewith, or an existing public case record, or information contained within the filing or in the public case record, may be made by a party to a case, an individual about whom information is present in the case record, or the court on its own motion. The motion must:

(A) Identify the particular filing, case record or portions that the movant seeks to seal or redact, with as much specificity as possible;

(B) Identify the particular interest(s) that are sought to be protected with as much specificity as possible;

(C) State any authority that supports an order for sealing or redaction, that is, the statute, administrative or court rule, court order or precedential decision providing for confidentiality with respect to the identified privacy interest(s);

(D) If appropriate, attach redacted and unredacted copies of the record(s) in issue that clearly identify the information which the movant seeks to exclude from public access; and

(E) Confirm that service has been made on all parties and on any other individual or entity, if other than the movant, who is the subject of the information contained in the filing, court record, or other records that are the subject of the motion.

(4) Hearing. Any person, including a party or nonparty, may request a hearing on a motion to seal or redact a case record. If a hearing is requested, or otherwise ordered by the court, the court must schedule a hearing as soon as practicable after the motion has been fully briefed.

(A) Any hearing on the motion must be open to the public, except that any person may request that the court conduct all or part of the hearing in camera to protect the interests identified in accordance with Rule 9(a)(3)(B) above.

(B) The moving party has the burden of establishing the required grounds for sealing or redacting any new filing, or existing court record, by clear and convincing evidence.

(5) Findings; Orders. If any party or nonparty has requested a hearing or opposes sealing or redaction of any filing or court record, a decision and order by the court sealing or redacting any filing or court record may be issued only upon specific findings, by clear and convincing evidence, that good cause and exceptional circumstances exist for the restriction of public access to, or the sealing or redaction of the subject record(s), in accordance with applicable constitutional, common law, or statutory authority. Motions must be resolved as soon as practicable.

(A) Any decision and order sealing a new filing or case record over objection of a party or nonparty must not only include such specific findings, given on the record or in writing, but also find that no reasonable alternative to the sealing or redaction exists, and that the least restrictive means have been employed to preserve maximum public access and to protect the specific interests found to justify sealing or redaction of the filing or case record.

(B) Once the court seals all or a portion of a filing or case record, the record remains under seal for the duration of the sealing order, or until a subsequent order grants access and unseals the record.

(b) Sealing or Redaction by Stipulation or Agreement. If all parties to a case stipulate to the sealing or redaction of a record or records—by filing a joint motion, by the nonmovant(s) filing no opposition to the motion to seal or redact, or by the nonmovant(s) responding that they have no opposition to the motion—the court may for good cause shown grant the motion without hearing and seal or redact the designated case record(s). A finding of good cause includes the court’s own determination that the record(s) should not be publicly accessible, and that sealing or redaction is necessary and consistent with applicable authority.

(1) Hearing. If the court is unable to make the required determination of good cause upon filing of the motion, the court shall give notice thereof and the motion shall be set for hearing in accordance with subsections (a)(4)-(5) above, notwithstanding the parties’ agreement, unless the motion is then withdrawn.

(2) Reconsideration. Any stipulated order for sealing or redaction shall be subject to reconsideration de novo if thereafter any motion to unseal or for access, by any party or nonparty, is filed pursuant to Rule 9(c). A ruling on any such motion for reconsideration shall be subject to the requirements and standards set forth in Rule 9(a)(4)-(5).

(3) Protective Orders. This subdivision also applies to applications to the court for a protective order with respect to any record which is, or is claimed should be, exempt from public access.

(c) Motion for Access to Case Records That Are Not Publicly Accessible. As provided in this rule, the court may grant access to all or part of a record that is not publicly accessible. A motion seeking such relief may be filed by any party, or a person or entity not otherwise entitled to access. The motion must specify the case, by caption and docket number if known, state with specificity the record or records to which access is sought, and explain why access should be allowed.

(1) Following notice to all parties and to any person who must also be served under Rule 9(a)(3)(E) above, proof of service of the motion upon any such person and all parties, and opportunity for hearing, the court shall issue its decision and order granting or denying the motion for access, in whole or in part, subject to the requirements and standards set forth in Rule 9(a)(4)-(5).

(2) This procedure for access to records shall also apply after the case is no longer pending and is itself closed.

(d) Applicability. If a statute governs the right of public access and does not provide for judicial discretion to allow or prevent public access to the record, this rule does not apply.

(e) Appeals from Superior Court Orders. A party; a person or entity filing or opposing a motion under this rule; or any person required to be served under subparagraph (a)(3)(E) in the superior court, may request permission to appeal to the Supreme Court from any superior court decision and order under this rule pursuant to V.R.A.P. 5.1.

(f) Motions to Limit or Grant Access to Records in Supreme Court. A motion to seal, redact, or obtain access to records in the Supreme Court filed under Rule 9(a)-(d) is governed by the process provided in V.R.A.P. 27.