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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 Montana, the public's right to access court records is recognized under the Montana Constitution and state statutes. The presumption is that court documents, including those filed with a court, settlement agreements, and discovery documents, are accessible to the public even if they are not filed with the court. However, there are exceptions to this rule. Certain records may be sealed or access may be restricted by court order if the release of such documents would violate privacy rights, jeopardize the safety of individuals involved, or if it's in the interest of justice to keep them confidential. It's important to note that while the presumption is for openness, the specifics can vary depending on the case and the type of document. Parties interested in accessing court records may need to request them from the clerk of the court where the records are maintained, and in some cases, may need to file a motion to unseal records if they have been restricted.

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Courts

court records

Individual & Family Legal Plan

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Montana State Code

Courts

court records

Montana State Code

Articles