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 Oregon, the principle of open courts and public access to court records is upheld, consistent with the broader trend across the United States. Court documents filed in a lawsuit, such as pleadings, motions, and orders, are generally accessible to the public. This transparency is rooted in the idea that public scrutiny helps maintain the integrity of the judicial process. However, there are exceptions to this presumption of openness. Certain sensitive documents may be sealed by the court to protect privacy or confidentiality, such as in cases involving minors, victims of certain crimes, or trade secrets. Settlement agreements may also be kept private if they are not filed with the court. Discovery materials, which are exchanged between parties during litigation but not necessarily filed with the court, may not be accessible to the public unless they are entered into the court record. Oregon's rules on public access to court records are codified in the Oregon Rules of Civil Procedure and other relevant state statutes, which provide specific guidelines on what is accessible and the process for sealing records when necessary.