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Non-Parties Can’t Get Discovery that was Never Filed with Court

Non-parties do not have standing to seek disclosure of discovery that was never filed with the court, the U.S. Court of Appeals for the Seventh Circuit decided November 10, 2009.

Jamie Kalven, an independent journalist, sought to lift a protective order prohibiting certain discovery that was never filed with the court. The Seventh Circuit concluded that Kalven had no standing to challenge the protective order because neither the Federal Rules nor the First Amendment afforded a right to disclosure of discovery that’s not filed with the court, in particular since the action had been settled and dismissed when the challenge to the protective order was instituted.

See: Bond v. Utreras, 585 F. 3d 1061, (7th Cir. 2009).

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Related legal case

Bond v. Utreras