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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 Vermont, the principle of open access to court records is upheld, consistent with the broader trend across the United States. Court documents filed in a lawsuit, including pleadings, motions, and other materials, are generally accessible to the public. This transparency is rooted in the public's right to understand and observe 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, sexual assault, or where trade secrets are at issue. Settlement agreements may also be kept private if the parties agree and the court approves. Discovery materials, which are exchanged between parties during the pre-trial phase, are not automatically public records if they are not filed with the court, but they can become public if entered into the court record as part of a motion or trial exhibit. Vermont's Rules of Civil Procedure and local court rules provide specific guidance on the management of court records and the circumstances under which access may be restricted.

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Courts

court records

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Vermont State Code

Vermont State Code

Courts

court records

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