Home Browse Media Law Resources Guides Maine - 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).

Maine

In general civil court records are public in Maine pursuant to Administrative Order JB-05-20 (A. 5-09) “Public Information and Confidentiality,” which provides: “Information and records relating to cases that are maintained in case files, dockets, indices, lists, or schedules by and at the District, Superior, or Supreme Judicial Courts are generally public and access will be provided to a person who requests to inspect them or have copies made by the clerk’s office staff unless the information or a part of it is confidential . . . .” Id. § III(A)(1).

“Although under appropriate circumstances a court may impound records when publication would impede the administration of justice, the power of impoundment should be exercised with extreme care and only upon the clearest showing of necessity.” Maine Auto Dealers Assn. v. Tierney, 425 A.2d 187, 189 n.3 (Me.1981) (citation omitted).