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Nevada Revamps Rules Regarding Sealing And Redacting Court Records
The Nevada Supreme Court approved an amendment to Part VII of the Supreme Court Rules Governing Sealing and Redacting Records in 2007. The amendment applies to all civil actions with the exception of specific statutory provisions.
Due to concern by the state Supreme Court for the lack of standard policies and procedures preserving public access to, and the sealing of, court records, the Commission on Preservation, Access and Sealing of Court Records was created. From May to August of 2007, a study was conducted resulting in the court approved amendment to become effective January of 2008. The amendment does not affect specific statutory provisions for: juvenile cases; domestic relations; parental rights and related subjects; drug treatment; mentally challenged persons and mental health programs; guardianship, conservatorship or trusts; or children. The amended rules do not deal with the retention or destruction of any records or files. The new rules provide for: the process and grounds for sealing or redaction; judicial findings and the grounds for such; limitations; unsealing procedures; jurisdictional application; sanctions for noncompliance; and the effect on lawful provisions such as clerks' restricted or expanded authority. The rules apply to all civil action records regardless of their physical form or method of storage and ensure that all records are available to the public unless otherwise provided for in the rules or fall under specific statutory prohibitions. See: In re the Creation of a Committee to Review the Preservation, Access and Sealing of Court Records, ADKT No. 410 (Nev. Dec. 31, 2007).
Due to concern by the state Supreme Court for the lack of standard policies and procedures preserving public access to, and the sealing of, court records, the Commission on Preservation, Access and Sealing of Court Records was created. From May to August of 2007, a study was conducted resulting in the court approved amendment to become effective January of 2008. The amendment does not affect specific statutory provisions for: juvenile cases; domestic relations; parental rights and related subjects; drug treatment; mentally challenged persons and mental health programs; guardianship, conservatorship or trusts; or children. The amended rules do not deal with the retention or destruction of any records or files. The new rules provide for: the process and grounds for sealing or redaction; judicial findings and the grounds for such; limitations; unsealing procedures; jurisdictional application; sanctions for noncompliance; and the effect on lawful provisions such as clerks' restricted or expanded authority. The rules apply to all civil action records regardless of their physical form or method of storage and ensure that all records are available to the public unless otherwise provided for in the rules or fall under specific statutory prohibitions. See: In re the Creation of a Committee to Review the Preservation, Access and Sealing of Court Records, ADKT No. 410 (Nev. Dec. 31, 2007).
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Related legal case
In re the Creation of a Committee to Review the Preservation, Access and Sealing of Court Records
| Year | 2007 |
|---|---|
| Cite | ADKT No. 410 (Nev. Dec. 31, 2007) |
| Level | State Supreme Court |
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