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 North Dakota, the presumption is that court records are accessible to the public. This includes documents filed with the court, such as pleadings, motions, and orders. However, certain records may be sealed or confidential by law or court order, such as juvenile records, adoption records, and mental health proceedings. Settlement agreements and discovery documents that are not filed with the court are generally not considered court records and may not be subject to the same presumption of openness. The North Dakota Century Code and the North Dakota Rules of Court provide the specific regulations regarding public access to court records. It is important to note that while there is a general presumption of openness, there may be exceptions based on privacy interests, the nature of the case, or statutory requirements.