Although the law varies from state to state, most documents filed with a court—as well as settlement agreements and discovery documents that are not filed with the court in which the lawsuit is pending—are court records, and are presumed open to the public.
In Arkansas, the principle of public access to court records is upheld, consistent with the broader trend across the United States. Court documents filed in a lawsuit, such as pleadings, motions, and orders, are generally considered public records and are available for public inspection unless a specific exemption applies. Settlement agreements that are filed with the court also typically become part of the public record. However, discovery materials that are exchanged between parties but not filed with the court are not automatically considered public records. If a party wishes to keep certain documents confidential, they must seek a protective order from the court to prevent public disclosure. The court will then balance the interests of privacy and transparency to determine whether the documents should be sealed or remain public. It's important to note that Arkansas may have specific statutes and rules that govern the confidentiality of certain types of records, such as juvenile records or sensitive personal information.