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 Massachusetts, the principle of open courts and public access to court records is a fundamental aspect of the legal system. This means that most documents filed with a court, including pleadings, motions, and other judicial documents, are accessible to the public. However, there are exceptions to this rule. Certain sensitive documents, such as those involving juvenile cases, mental health proceedings, or containing confidential information, may be sealed or redacted to protect privacy or other important interests. Settlement agreements and discovery documents that are not filed with the court may also have different levels of public access, depending on the case and any protective orders that may be in place. It's important to note that while there is a presumption of openness, the courts have the discretion to limit access to certain records to balance the interests of transparency with the need to protect the privacy of individuals involved in the legal process.