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 Florida, the principle of public access to judicial records is a fundamental element of the legal system. This principle is rooted in the state's public policy and the Florida Constitution, which ensures that state courts are open to the public. Most documents filed with a court, including pleadings, motions, and other materials, are considered public records and are available for inspection, except for those records exempt by law or court rule. Settlement agreements and discovery documents that are not filed with the court may have different levels of public access. If they are entered into the court record, they become accessible to the public unless they are subject to confidentiality under specific legal provisions. It's important to note that there are exceptions to this openness, such as in cases involving minors, certain family law matters, and where privacy or confidentiality interests outweigh the public's right to access. An attorney can provide specific guidance on the accessibility of court documents in Florida, taking into account the latest statutes and case law.