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 South Carolina, as in many states, the principle of open courts and public access to court records is a cornerstone of the legal system. This means that most documents filed with a court, such as pleadings, motions, and orders, are accessible to the public. 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, sexual assault, or trade secrets. Settlement agreements and discovery documents that are not filed with the court may also have different levels of public access. The specific rules governing public access to court records in South Carolina are outlined in the South Carolina Rules of Civil Procedure and relevant state statutes. It's important to note that while there is a general presumption of openness, the court has the discretion to seal records in specific circumstances where privacy interests outweigh the public's right to access.