August 29, 2014
Civil court records will remain open unless a compelling case can be made for sealing them, under a proposal to be submitted by Monday by a reform panel to the Nevada Supreme Court.
The draft policy, from the Nevada Supreme Court Commission on Preservation, Access and Sealing of Court Records, also allows anyone, whether a party to the case or not, to request the unsealing of a court record.
Anyone objecting to the unsealing would have to make a case to a judge on why the information should be kept confidential.
Before a record could be sealed, a judge would have to make a written finding justifying it, based on a balancing test to see whether that's justified by "compelling privacy or safety interests that outweigh the public interest in access to the court record."
The draft policy says that agreement of the parties involved in a lawsuit is not enough to seal a court record.