Wednesday, October 5, 2016

SEALING COURT RECORDS



Recently, Newsday has reported on the sealing of court records in civil cases. The rule, from the Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts, is set forth herein:

"Section 216.1 Sealing of court records.

(a) Except where otherwise provided by statute or rule, a court shall not enter an order in any action or proceeding sealing the court records, whether in whole or in part, except upon a written finding of good cause, which shall specify the grounds thereof. In determining whether good cause has been shown, the court shall consider the interests of the public as well as of the parties. Where it appears necessary or desirable, the court may prescribe appropriate notice and opportunity to be heard.

(b) For purposes of this rule, "court records" shall include all documents and records of any nature filed with the clerk in connection with the action. Documents obtained through disclosure and not filed with the clerk shall remain subject to protective orders as set forth in CPLR 3103(a).

Historical Note
Sec. filed Feb. 28, 1991 eff. March 1, 1991.

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