Home Browse Media Law Resources Guides Idaho - Open Courts Compendium VI. Access to civil records

A. In general

Overview

“The courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents.”Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978) (footnote omitted). Indeed, the Third Circuit found that in both civil and criminal cases “the existence of a common law right of access to … inspect judicial records is beyond dispute.” Publicker Indus., Inc. v. Cohen, 733 F.2d 1059, 1066 (3rd Cir. 1984); see also Newman v. Graddick, 696 F.2d 796, 801‑03 (11th Cir. 1983) (constitutional right of access to proceedings and common-law right of access to documents in civil case involving prison conditions). Some lower courts also have recognized a constitutional right of access to proceedings and documents in civil cases. The Sixth Circuit, for example, found that the First Amendment and common law limit judicial discretion to seal documents in civil litigation.Brown & Williamson Tobacco Corp. v. FTC, 710 F.2d 1165, 1177 (6th Cir. 1983).

Idaho

Idaho Court Administrative Rule 32 covers “Records of the judicial department” but does not distinguish between civil and criminal. In general, the following are available for inspection:

“(1) Minutes, orders, opinions, findings of fact, conclusions of law, and

judgments of a court and notices of the clerk of the court;

(2) Transcripts and recordings of all trials and hearings open to the

public; motion, unless the custodian judge expressly orders otherwise.

(3) Pleadings, motions, affidavits, responses, memoranda, briefs and

other documents filed or lodged in a case file;

(4) Administrative or other records of the clerk, justice, judge,

magistrate or staff of the court unless exempt from disclosure by

statute, case law, or court rule; and

(5) A court record that has been offered or admitted into evidence in a

judicial action or that a court has considered as evidence or relied

upon for purposes of deciding a motion, unless the custodian judge

expressly orders otherwise.”