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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 Maryland, 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 accessible to the public. This transparency is rooted in the idea that the public has the right to monitor the judicial system. However, there are exceptions to this rule. Certain sensitive documents may be sealed by the court to protect privacy or confidentiality, such as in cases involving minors, victims of sexual offenses, or where trade secrets are at issue. Settlement agreements may not be part of the court record if the parties agree to keep them confidential and they are not filed with the court. Discovery materials, which are exchanged between parties during the pre-trial phase, are typically not filed with the court and thus are not automatically public, but can become public if entered into evidence or attached to a court filing. Maryland Rule 16-1001 et seq. governs access to judicial records, outlining the types of records that are accessible and the process for sealing records.

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Courts

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