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 New Mexico, the principle of open courts and public access to court records is upheld by both state statutes and case law. The New Mexico Inspection of Public Records Act (IPRA) generally provides that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. Court records, which include documents filed with the court, settlement agreements, and certain discovery documents, are typically considered public records. However, there are exceptions to this presumption of openness. For instance, records may be sealed or access may be restricted if their disclosure would violate privacy rights, jeopardize the safety of individuals, or if there are other compelling reasons such as protecting the integrity of ongoing investigations or the confidentiality of juvenile records. Each case may be subject to a balancing test where the interests of privacy or confidentiality are weighed against the principle of public access. It is important to note that while filed documents are generally accessible, discovery documents that are not filed with the court may have different rules regarding public access and are often subject to protective orders limiting their disclosure.