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 Virginia, the principle of open courts and public access to court records is a fundamental aspect of the legal system. This means that most documents filed with a court, including pleadings, motions, and other judicial records, are accessible to the public. However, there are exceptions to this presumption of openness. Certain sensitive documents, such as those involving juvenile matters, adoption, mental health, and sealed records, may be exempt from public access. Settlement agreements and discovery documents that are not filed with the court may also have different levels of public accessibility. The specific rules governing access to these documents can vary and may be subject to court orders that limit or restrict access based on privacy concerns, confidentiality, or other legal considerations. It is important to note that while there is a general presumption of openness, the details and application of the law can be complex and may require consultation with an attorney to understand the full scope of public access in a particular case.