As amended through November 7, 2024
Rule RAP 28 - Access to Record on Appeal(A)General Rule. In all actions prosecuted under these rules, the complete or partial record on appeal, or the record submitted with original actions, is available for public inspection unless access is prohibited by: (1) a federal statute or regulation or a Kentucky statute;(2) this rule or another court rule;(3) a published opinion of the Supreme Court of Kentucky or the Kentucky Court of Appeals; or(4) an order entered by the court from which the action arises or the appellate court in which the appeal or original action is filed.(B)Access to Items Sealed by Court Order(1) Counsel for parties to the appeal or original action may access the record, including items sealed by order of court, except those submitted exclusively for in camera review. To view in camera matters, counsel must file a motion in the trial or appellate court demonstrating why access is necessary to a fair outcome of the appeal or original action.(2) A party proceeding without counsel may not access matters sealed by order of court without first obtaining an order of court permitting access. The party may file a motion in the trial or appellate court showing why access is necessary to a fair outcome of the appeal or original action.(3) Any person or legal entity with standing to seek access to sealed matters in a record may file a motion in the court in which the record is located, stating specific reasons why access should be granted and why the interest in access substantially outweighs the interest in maintaining the seal.Adopted by order 2022-49, eff. 1/1/2023.