![]() ![]() In California state court, a trial court must provide notice of closure either by the formal announcement that a hearing on closure will be held or by publicly docketing a written filing requesting closure. Media organizations are entitled to notice and a hearing before a typical court proceeding is closed. 3d 594 (2020) (party had no standing to challenge sealing order because it had access to documents at issue and therefore was not aggrieved by the order). ![]() 2d 778 (1999) (recognizing that press has standing to challenge orders closing court proceedings and sealing court records) Estate of Hearst, 67 Cal. at 1217-1218.Ĭalifornia Rule of Court, Rule 2.551, adopts essentially the same requirements to seal a court record.Ĭalifornia courts have recognized that the media have standing to challenge orders closing court proceedings and sealing court records. “Second, before substantive courtroom proceedings are closed or transcripts are ordered sealed, a trial court must hold a hearing and expressly find that (i) there exists an overriding interest supporting closure and/or sealing (ii) there is a substantial probability that the interest will be prejudiced absent closure and/or sealing (iii) the proposed closure and/or sealing is narrowly tailored to serve the overriding interest and (iv) there is no less restrictive means of achieving the over-riding interest.” Id. “First, a trial court must provide notice to the public of the contemplated closure” by a request made in open court or a public filing “reasonably in advance of the determination.” Id. 2d 778 (1999), the Court held that two things must occur before a court can close a civil or criminal proceeding. 3d 250 (2013) (“under the common law right of public access, there is a sufficient public interest in the information contained in the admissions database such that the State Bar is required to provide access to it if the information can be provided in a form that protects the privacy of applicants and if no countervailing interest outweighs the public’s interest in disclosure”). 821 (1977). The California Supreme Court has recognized a common law right of access to all public records, which includes records that are not within the scope of California’s Public Records Act. See id., available at In addition, California courts have recognized a common law right of access to judicial documents once they are filed for consideration by the court. Appendix 1 of the Trial Court Records Manual contains a complete list of court records designated confidential by statute or rule. Rule 2.551 provides the procedure for parties to follow to request sealing. at 1212.Ĭalifornia Code of Civil Procedure § 124 provides that “xcept as provided in Section 214 of the Family Code or any other provision of law, the sittings of every court shall be public.” In addition, California Rule of Court, Rule 2.550, requires court records to be open to the public, unless confidentiality is required by law. The California Supreme Court held that, “in general, the First Amendment provides a right of access to ordinary civil trials and proceedings, that constitutional standards governing closure of trial proceedings apply in the civil setting, and that section 124 must, accordingly, be interpreted in a manner compatible with those standards.” Id. Supreme Court cases finding a First Amendment right of access to criminal proceedings. ![]() 2d 778 (1999), the California Supreme Court held that California Code of Civil Procedure § 124 establishes a presumption of access to civil court proceedings. Supreme Court repeatedly has held that the First Amendment protects the public’s right to access criminal court proceedings. With thanks to Davis Wright Tremaine attorneys Tips for covering courts in the jurisdiction Cameras and other technology in the courtroomĬ. Interests often cited in opposing a presumption of accessī. Media standing to challenge third-party gag ordersĪ. Restrictions on participants in litigationĪ. Prohibitions on photographing or identifying juvenilesĮ. Juror identities, questionnaires and other recordsĭ. Warrants, wiretaps and related materialsī. Obtaining review of initial court decisionsĭ. Procedure for requesting access in civil mattersĭ. Procedure for requesting access in criminal casesĬ. Procedure for asserting right of access to proceedings and recordsī. Introduction: Access rights in the jurisdiction ![]() Skip over table of contents to continue reading article Table of contents for California ![]()
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