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 Michigan, the principle of public access to court records is upheld, consistent with the broader trend across the United States. Court records, which include documents filed with the court, 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 presumption of openness. Certain sensitive documents may be sealed or redacted to protect privacy or confidentiality, such as in cases involving minors, victims of sexual assault, or where trade secrets are at issue. Settlement agreements and discovery documents that are not filed with the court may have different levels of public access. While settlement agreements may become part of the court record if they are filed, discovery materials exchanged between parties during litigation are typically not accessible to the public unless they are entered into the court record. Michigan's court rules and statutes outline specific circumstances under which court records may be sealed or access may be restricted.