Rule 40 - Public access to case records and confidentiality(a)General Rule. In all cases in which relief is sought in the Intermediate Court or the Supreme Court, all pleadings, docket entries, and filings related thereto (hereafter "case records") shall be available for public access unless otherwise provided by law or by court rule of, or unless otherwise ordered by the Intermediate Court or the Supreme Court in accordance with this Rule.(b)Means of public access. Case records that are available for public access may be reviewed in person at the Clerk's Office in the State Capitol or be reviewed electronically if the records are posted to the Supreme Court's website. Case records posted to the website may include, but are not limited to: the order of the lower tribunal that is subject to the appeal, certified question, or original action; the briefs filed by the parties in cases set for argument under Rule 20, even if the case is otherwise confidential; and the orders and decisions of the Supreme Court. Case records in pending cases may be reviewed at the Clerk's Office in the State Capitol during regular business hours. Case records in disposed cases may be reviewed at the Clerk's Office during regular business hours, provided that sufficient advance notice is provided. Written requests for copies of documents must be addressed to the Clerk, be specific, and provide sufficient advance notice. Charges for copies of documents in case records provided by the Clerk's Office are set forth in an administrative order that is posted to the Court's website. There is no charge for access to case records using the Supreme Court's website.(c)Case records already determined to be confidential by a lower tribunal. Either in the notice of appeal or in the petitioner's brief, whichever is filed first, the appealing party shall indicate that the case record or a portion of the case record was determined to be confidential by the lower tribunal, and shall cite the authority for the confidentiality. Unless otherwise provided by order of the Intermediate Court or the Supreme Court, upon filing, the portion of the case record determined to be confidential by the lower tribunal shall remain confidential. Whenever a party files a pleading or other document that is confidential in part or in its entirety, the party shall identify, by cover letter or otherwise, in a conspicuous manner, the portion of the filing that is confidential. Any party or other person with standing may file a motion to unseal the case record or portion of a case record in the Intermediate Court or the Supreme Court, setting forth good cause why the case record should no longer be confidential. An opposing party may respond to the motion within ten days from the date of filing of the motion. Upon its consideration, the Intermediate Court or the Supreme Court may, in its discretion, issue an order unsealing all or part of the case record, or issue an order denying the motion.(d)Case records not previously determined to be confidential. Any party or other person with standing may file a motion to seal the case record or portion of a case record in the Intermediate Court or the Supreme Court. The motion must state the legal authority for confidentiality. Upon filing of the motion to seal, the case record or portion of the case record that is the subject of the motion shall be kept confidential pending a ruling on the motion. An opposing party may file a response to a motion to seal within ten days of the date of filing of the motion. Upon its consideration, the Intermediate Court or the Supreme Court may, in its discretion, issue an order sealing all or part of the case record, or issue an order denying the motion.(e)Personal identifiers restricted. In order to protect the identities of juveniles and in order to avoid the unnecessary distribution of personal identifiers, any document filed with the Intermediate Court or the Supreme Court other than an appendix must comply with the following standards. (1) Initials or a descriptive term must be used instead of a full name in: cases involving juveniles, even if those children have since become adults; cases involving crimes of a sexual nature that require reference to the victim of such crime; abuse and neglect cases; mental hygiene cases; and cases relating to expungements.(2) Personal identifiers such as birth date and address may be used only when absolutely necessary to the disposition of the case.(3) Social Security numbers may not be used under any circumstances.(4) Sensitive financial or medical information may be used only when necessary to the disposition of the case.(f)Briefs in Rule 20 argument cases. Because of the important public interest in cases set for oral argument under Rule 20, briefs in Rule 20 argument cases will be posted to the Supreme Court's website, even if the case is confidential under this Rule. A party who does not wish the brief to be posted to the Supreme Court's website must file a motion to seal the brief at the time the brief is filed, and the Intermediate Court or the Supreme Court will consider the matter.(g)Restriction of electronic records. Any party or other person with standing may file a motion to restrict access to a case record or portion of a case record that has been posted to the Supreme Court's website. The motion shall be served upon all other parties to the case and any other concerned persons. The motion shall state good cause why access to the case record through the Supreme Court's website should be restricted and shall specifically state the relief requested. An opposing party may respond to the motion within ten days of the date of filing of the motion. Upon its consideration, the Intermediate Court or the Supreme Court may, in its discretion, issue an order granting or denying the motion and directing such action as may be appropriate. Any case record subject to restricted electronic access shall be available for public inspection in person at the Clerk's Office in the State Capitol during regular business hours.(h)Oral argument open to the public. All oral arguments under Rule 19 or Rule 20 are open to the public and broadcast live on the Supreme Court's website. In presenting oral argument, parties must be mindful not to disclose the identity of juveniles and other personal identifiers contained in subsection (e) of this Rule.Amended June 15, 2022, effective 7/1/2022.