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 California, the principle of public access to court records is upheld by the California Rules of Court and various statutes. Most documents filed with a court, including pleadings, motions, and other materials, are accessible to the public. Settlement agreements and discovery documents that are not filed with the court may have different levels of accessibility. While settlement agreements may become part of the court record if they are submitted to the court for approval or enforcement, discovery materials exchanged between parties are generally not accessible to the public unless they are filed with the court as part of a motion or other proceeding. There are exceptions to this openness, such as in cases involving minors, sensitive personal information, trade secrets, or where the court finds that the interests of justice require sealing or redacting certain documents. California law requires a court order to seal records, and the request to seal must meet strict criteria outlined in the California Rules of Court.