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 Washington State, the principle of open access to court records is upheld, aligning with the broader notion that transparency is essential for public trust in the judicial system. Court records, which include documents filed with the court such as pleadings, motions, and orders, are generally accessible to the public. This is consistent with the state's court rules and public records laws that favor transparency. However, there are exceptions to this presumption of openness. Certain sensitive documents may be sealed or redacted to protect privacy or confidentiality, such as in cases involving minors, sexual assault, or when trade secrets are at issue. Additionally, settlement agreements that are not filed with the court and certain discovery documents that are exchanged between parties but not submitted to the court may not be considered court records and thus may not be publicly accessible. The specific rules governing access to these documents can be found in the Washington Court Rules, particularly the General Rules (GR) 22 and 31, which address public access to court records and administrative records, respectively.