2. Priority
Posts
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Arkansas
The FOIA requires the court to “fix and assess a day the petition is to be heard” within seven days of its filing. Ark. Code Ann. § 25-19-107(b). This provision is probably unenforceable in light of a court’s inherent authority to control its docket. See McConnell v. State, 227 Ark. 988, 302 S.W.2d 805 (1957). In Orsini v. State, 340 Ark. 665, 13 S.W.3d 167 (2000), the Supreme Court left open the question whether Section 25-19-107(b) “requires that a hearing be set within seven days of the FOIA request or actually conducted within that time frame . . . because the circuit court did neither.” Nevertheless, the Court emphasized that “this section of the FOIA sets a policy in favor of expeditious hearings on all FOIA requests.”
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California
Section 6258 provides, in pertinent part, that the hearing in these proceedings "shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time." Cal. Gov't Code § 6258.
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Connecticut
An appeal of an FOIC decision is privileged in respect to its assignment for trial over most other civil actions; the exceptions are writs of habeas corpus and actions by or on behalf of the state. Conn. Gen. Stat. §1-206(d).
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District of Columbia
There is no statutory priority given to FOIA suits.
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Georgia
The Act does not specifically require courts to give priority to litigation to enforce the Act but expedited treatment may be sought and is often afforded depending upon the facts of the particular case. See generally O.C.G.A. § 50-18-70(a) (The General Assembly … finds and declares that there is a strong presumption that public records should be made available for public inspection without delay.”).
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Idaho
To begin proceedings, a petition must be filed (with the district court) protesting the denial of access within 180 days from the date of mailing of the notice of denial by the public agency. Idaho Code § 74-115(1). After a petition is filed, the court sets a time for the public agency to file a response and for a hearing at the "earliest possible time," and in no event later than 28 calendar days after the protest petition is filed. Idaho Code § 74-115(1). At that time, the court has the discretion to examine the documents at issue in camera and shall consider both written and oral presentations from the person filing the petition and the agency. Idaho Code § 74-116(1). If the court finds the records are not exempt from public disclosure, the agency will be required to make them available. If the court finds in favor of the public agency, the records will remain with the agency without being disclosed. Idaho Code § 74-116(2).
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Indiana
The statute provides that any hearing in an action under the Access to Public Records Act shall be expedited. Ind. Code § 5-14-3-9(l). Also, an unsuccessful requester would be wise to seek a temporary restraining order or an injunction, as those proceedings are given docket priority.
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Kansas
Suits under the act are assigned for hearing at the "earliest practicable date." K.S.A. 45-222(e).
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Maine
An appeal under the Act is entitled to statutory priority. “Appeals may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.” 1 M.R.S.A § 409(1). In practice, FOAA cases usually are given expedited treatment, but a motion should be filed requesting same and the clerk’s office should be notified of the request for expedited treatment.
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Nebraska
Neb. Rev. Stat. §84-712.03 provides in part: "Proceedings arising under this section, except as to the cases the court considers of greater importance, shall take precedence on the docket over all other cases and shall be assigned for hearing, trial, or argument at the earliest practicable date and expedited in every way."
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New Hampshire
The Superior Court is directed to "give proceedings under this chapter high priority on the court calendar." RSA 91-A:7.
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New Jersey
Summary proceedings in the Law Division of Superior Court are conducted in a summary manner.
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New Mexico
No special priority on the docket.
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North Carolina
Actions brought under the Public records law “shall be set down for immediate hearing,” and subsequent proceedings are accorded priority. G.S. § 132-9(9).
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North Dakota
The remedies provided are not available if a violation has been corrected before a civil action is filed and no person has been prejudiced or harmed by the delay. N.D.C.C. § 44-04-21.2(3). An interested person or entity may not file a civil action seeking attorney’s fees or damages, or both, until at least three working days after providing notice of the alleged violation to the chief administrative officer for the public entity. N.D.C.C. § 44-04-21.2(3). This provision does not apply if the attorney general has found under N.D.C.C. § 44-04-21.1, on a prior occasion, that the public entity has violated the open records or meetings laws. N.D.C.C. § 44-04-21.2(3).
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Oregon
Under ORS 192.431(2) (formerly ORS 192.490(2)), proceedings involving the denial of Public Records disclosure requests shall take “precedence on the docket over all other causes” except those “the court considers of greater importance,” and shall be heard and tried at the earliest practical date and expedited in every way.
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Rhode Island
Actions brought in the Superior Court under the APRA may be advanced on the trial calendar upon motion made in accordance with the rules of civil procedure. R.I. Gen. Laws § 38-2-9(c).
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South Carolina
Changes to SC FOIA in 2017, now provide that upon filing the lawsuit, the court must schedule an initial hearing within ten days of service of the lawsuit on all parties. If the court is unable to make a final ruling regarding the alleged violations, the court must establish a scheduling order to conclude the action within 6 months of filing. The 6-month deadline may be extended by the court “upon a showing of good cause.” S.C. Code Ann. § 30-4-100(A).
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South Dakota
No provision.
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Texas
Generally, a plaintiff in a district court mandamus action may request a show cause order requiring the governmental body to respond to the mandamus petition within 10 days. Otherwise, there is no special, expedited docket treatment of public record questions. The Act does not address any such expedited treatment.
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Virginia
Suits to enforce the provisions of the Act must be heard within seven days of filing, if the party against whom the petition is brought has received a copy of the petition at least three working days prior to filing. However, if the court is not in its regular term, the hearing must be given precedence over all other cases which are not otherwise given precedence. Va. Code Ann. § 2.2-3713.C.
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Washington
Such matters are not given any priority on the court calendar by statute. As a practical matter, most courts will hear public records matters on short notice, provided no jury is requested.
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West Virginia
The FOIA confers priority on cases involving the denial of access to public records: "Except as to causes the court considers of greater importance, proceedings arising under [the FOIA] shall be assigned for hearing and trial at the earliest practicable date." W. Va. Code § 29B-1-5(3). Such a "priority" however, is left to the discretion of the trial court, which often may consider other matters to be of greater importance.