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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 Illinois, 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 exception applies. Settlement agreements that are filed with the court also typically become part of the public record. However, discovery materials, which include depositions, interrogatories, and documents produced during the discovery process, are not automatically public records if they are not filed with the court. Parties can file a motion to seal certain documents, which the court may grant if there are compelling reasons to override the presumption of openness, such as to protect privacy interests or trade secrets. The Illinois Supreme Court Rules, particularly Rule 138, provide guidance on the confidentiality of personal identity information in public court documents, reflecting the state's commitment to balancing transparency with privacy concerns.

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Courts

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Courts

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