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 Missouri, the principle of open courts and public access to court records is upheld by both state statutes and case law. Missouri's courts operate under the presumption that court records are open to the public, which includes documents filed with the court. This is in line with the Missouri Sunshine Law, which promotes transparency in government, including the judiciary. However, there are exceptions to this general rule. Certain records may be sealed or closed to protect privacy, confidentiality, or other interests. For example, juvenile records, adoption records, and certain family law documents may be restricted from public access. Additionally, settlement agreements and discovery documents that are not filed with the court may not be considered court records and thus may not be automatically accessible to the public. Parties can also move to seal documents or portions of the court record, but they must demonstrate that the interest in privacy or confidentiality outweighs the public's interest in access. The court has discretion to grant or deny such requests based on the circumstances of each case.