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 Tennessee, the principle of open courts and public access to court records is upheld, consistent with the state's Public Records Act (Tenn. Code Ann. § 10-7-503 et seq.). Most documents filed with a court, including pleadings, motions, and orders, are considered public records and are generally accessible to the public. However, there are exceptions to this presumption of openness. Certain sensitive documents, such as those involving juveniles, sealed records, confidential information, or documents under a protective order, may not be accessible. Settlement agreements and discovery documents not filed with the court may have different levels of public access, depending on the case and any confidentiality agreements or court orders in place. It is important to note that while there is a presumption of openness, privacy concerns, and statutory requirements can lead to some records being sealed or access being restricted.