Tennessee Supreme Court Rule 'Presumes' Court Records are Open

       For the first time, judges in Tennessee will have mandatory guidelines to use in deciding whether certain court records may be sealed - or kept confidential - under a rule adopted Thursday by the Tennessee Supreme Court.

            The court entered an order adopting a number of amendments to the rules of procedure applying to cases in state trial and appellate courts.

            "While most of these are technical changes, the adoption of new Rule 1A of the Tennessee Rules of Civil Procedure is a significant change,"

            Chief Justice Frank Drowota said. "Prior to the adoption of this rule, there were no written guidelines for judges to use in deciding whether or not to seal, or close, certain court records."

            The rule says it is "the public policy of this state that the public interests are best served by open courts and an independent judiciary." Under the rule, court records are presumed to be open to the public and may be sealed only in limited circumstances, spelled out by the Supreme Court in its rule.

            Rule 1A generally applies to all documents filed in connection with cases before any civil court, with three narrow exceptions. It also applies to settlement agreements not filed in court but pertaining to a filed civil case, if the agreement restricts the disclosure of "information concerning matters that have a probable adverse effect upon the general public health or safety, or the administration of public office, or the operation of government."  The monetary amount of settlements may be kept confidential.

            The rule also applies to certain other documents not filed in court, but relating to civil cases filed in court if those matters "have a probable adverse effect upon the general public health or safety, or the administration of public office, or the operation of government."

            Drowota said the provisions are designed to promote openness in court cases involving the administration and operation of government.

            Procedures are set out in the rule for requesting that court records be sealed or unsealed. Non-parties also may participate in court proceedings involving the sealing or unsealing of court records, which are defined in the rule. The rule allows an immediate appeal of a judge's decision to seal or unseal court records.

            Drowota said the court reviewed rules from other states and legal articles on sealing court records before referring the issue to its Advisory Commission on the Rules of Practice and Procedure for study and a recommendation. The commission drafted the text of Rule 1A and recommended its adoption. The Supreme Court published the proposal and accepted written comments from the public, lawyers and judges before adopting the rule with minor changes.

            By state law, amendments to the rules of procedure, including Rule 1A, must be approved by the General Assembly. The court will submit the amendments to the legislature in January and, if approved, they will become effective July 1, 2005. All of the rules are available on the court system website at www.tsc.state.tn.us.

            Sue Allison

            Public Information Officer

            Administrative Office of the Courts

            Tennessee Supreme Court

            511 Union Street, Suite 600

            Nashville, TN 37219

            615-532-6047