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 Ohio, the principle of open courts and public access to court records is upheld by both state statutes and rules of court. Ohio Revised Code Section 149.43, known as the Ohio Public Records Act, ensures that most records kept by government entities, including courts, are available to the public. Additionally, the Ohio Rules of Civil Procedure, specifically Rule 5(D), govern the filing and accessibility of court documents. While most documents filed with the court are accessible to the public, there are exceptions for confidential and privileged materials, such as certain juvenile records, adoption records, and mental health records. Settlement agreements and discovery documents not filed with the court may have different levels of public access, depending on whether they are attached to court filings or if a court order deems them to be confidential. It is important to note that while there is a presumption of openness, privacy concerns, and other legal considerations can lead to certain documents being sealed or access being restricted.