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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 Indiana, the principle of public access to court records is upheld by both state statutes and court rules. Indiana Trial Rule 77 governs the maintenance of court records, and the Indiana Access to Public Records Act (APRA) provides the framework for public access to government records, including those of the judiciary. However, there are exceptions to this general rule of openness. Certain documents may be sealed or redacted to protect privacy, proprietary business information, or other sensitive data. Settlement agreements may not be part of the court record if the parties choose to keep them confidential and they are not filed with the court. Discovery materials, which are exchanged between parties during litigation but not necessarily filed with the court, may also be subject to confidentiality agreements or protective orders limiting their disclosure. It is important to note that while there is a presumption of openness, the specific application of these rules can vary based on the case and the type of document in question.

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Courts

court records

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Indiana State Code

Indiana State Code

Courts

court records

Articles