60-2617.Sealing or redacting court records; closinga court proceeding; motion; notice; hearing; exceptions.(a) In a civil or criminal case, the court, upon the court'sown motion, may hold a hearing or any party mayrequest ahearing to seal or redact the court records or to close a court proceeding.Reasonable notice of a hearing to seal or redact court records or to close acourt proceeding shall be given to all parties in the case. In a criminal case,reasonable notice of a hearing to seal or redact court records or to close acourt proceeding shall also be given to the victim, if ascertainable.
(b) After the hearing, the court may order the court files and records in theproceeding, or any part thereof, to be sealed or redacted or the courtproceeding closed. If the court grants such an order, before closingproceedings or granting leave to file under seal, the court shall make andenter a written finding of good cause.
(c) In granting the order, the court shall recognize that the public has aparamount interest in all that occurs in a case, whether at trial or duringdiscovery andin understanding disputes that are presented to a public forum for resolution.
(d) Good cause to close a proceeding or seal or redact records, whether uponthe motion of a party, or on the court's own motion, does not exist unless thecourt makes a finding on the record that there exists an identified safety,property or privacy interest of a litigant or a public or private harm thatpredominates the caseand such interest or harm outweighs the strong public interest in access to thecourtrecord and proceedings.
(e) Agreement of the parties shall be considered by the court but shall notconstitute the sole basis for the sealing or redaction of court records orfor closing the court proceeding.
(f) The provisions of this section shall not apply to proceedings under therevised Kansas code for care of children,K.S.A. 2009 Supp.38-2201 et seq.,and amendments thereto, the revised Kansas juvenile justice code, K.S.A.2009 Supp. 38-2301 et seq., and amendments thereto, the Kansas adoption andrelinquishment act, K.S.A. 59-2111 etseq., and amendments thereto, to supreme court rules which allowmotions, briefs, opinions and orders of the court to identify partiesby initials or by familial relationship or to supreme court rules which requireappellate court deliberations to be kept in strict confidence. Nothing in thissection shall be construed to prohibit the issuance of a protective orderpursuant to subsection (c) of K.S.A. 60-226, and amendments thereto.
(g) The provisions of this section shall not preclude a court fromallowing a settlement which includes a confidentiality clause to befiled under seal where the interests of justice would be served bysuch settlement being filed under seal.
60-2617.Sealing or redacting court records; closinga court proceeding; motion; notice; hearing; exceptions.(a) In a civil or criminal case, the court, upon the court'sown motion, may hold a hearing or any party mayrequest ahearing to seal or redact the court records or to close a court proceeding.Reasonable notice of a hearing to seal or redact court records or to close acourt proceeding shall be given to all parties in the case. In a criminal case,reasonable notice of a hearing to seal or redact court records or to close acourt proceeding shall also be given to the victim, if ascertainable.
(b) After the hearing, the court may order the court files and records in theproceeding, or any part thereof, to be sealed or redacted or the courtproceeding closed. If the court grants such an order, before closingproceedings or granting leave to file under seal, the court shall make andenter a written finding of good cause.
(c) In granting the order, the court shall recognize that the public has aparamount interest in all that occurs in a case, whether at trial or duringdiscovery andin understanding disputes that are presented to a public forum for resolution.
(d) Good cause to close a proceeding or seal or redact records, whether uponthe motion of a party, or on the court's own motion, does not exist unless thecourt makes a finding on the record that there exists an identified safety,property or privacy interest of a litigant or a public or private harm thatpredominates the caseand such interest or harm outweighs the strong public interest in access to thecourtrecord and proceedings.
(e) Agreement of the parties shall be considered by the court but shall notconstitute the sole basis for the sealing or redaction of court records orfor closing the court proceeding.
(f) The provisions of this section shall not apply to proceedings under therevised Kansas code for care of children,K.S.A. 2009 Supp.38-2201 et seq.,and amendments thereto, the revised Kansas juvenile justice code, K.S.A.2009 Supp. 38-2301 et seq., and amendments thereto, the Kansas adoption andrelinquishment act, K.S.A. 59-2111 etseq., and amendments thereto, to supreme court rules which allowmotions, briefs, opinions and orders of the court to identify partiesby initials or by familial relationship or to supreme court rules which requireappellate court deliberations to be kept in strict confidence. Nothing in thissection shall be construed to prohibit the issuance of a protective orderpursuant to subsection (c) of K.S.A. 60-226, and amendments thereto.
(g) The provisions of this section shall not preclude a court fromallowing a settlement which includes a confidentiality clause to befiled under seal where the interests of justice would be served bysuch settlement being filed under seal.
60-2617.Sealing or redacting court records; closinga court proceeding; motion; notice; hearing; exceptions.(a) In a civil or criminal case, the court, upon the court'sown motion, may hold a hearing or any party mayrequest ahearing to seal or redact the court records or to close a court proceeding.Reasonable notice of a hearing to seal or redact court records or to close acourt proceeding shall be given to all parties in the case. In a criminal case,reasonable notice of a hearing to seal or redact court records or to close acourt proceeding shall also be given to the victim, if ascertainable.
(b) After the hearing, the court may order the court files and records in theproceeding, or any part thereof, to be sealed or redacted or the courtproceeding closed. If the court grants such an order, before closingproceedings or granting leave to file under seal, the court shall make andenter a written finding of good cause.
(c) In granting the order, the court shall recognize that the public has aparamount interest in all that occurs in a case, whether at trial or duringdiscovery andin understanding disputes that are presented to a public forum for resolution.
(d) Good cause to close a proceeding or seal or redact records, whether uponthe motion of a party, or on the court's own motion, does not exist unless thecourt makes a finding on the record that there exists an identified safety,property or privacy interest of a litigant or a public or private harm thatpredominates the caseand such interest or harm outweighs the strong public interest in access to thecourtrecord and proceedings.
(e) Agreement of the parties shall be considered by the court but shall notconstitute the sole basis for the sealing or redaction of court records orfor closing the court proceeding.
(f) The provisions of this section shall not apply to proceedings under therevised Kansas code for care of children,K.S.A. 2009 Supp.38-2201 et seq.,and amendments thereto, the revised Kansas juvenile justice code, K.S.A.2009 Supp. 38-2301 et seq., and amendments thereto, the Kansas adoption andrelinquishment act, K.S.A. 59-2111 etseq., and amendments thereto, to supreme court rules which allowmotions, briefs, opinions and orders of the court to identify partiesby initials or by familial relationship or to supreme court rules which requireappellate court deliberations to be kept in strict confidence. Nothing in thissection shall be construed to prohibit the issuance of a protective orderpursuant to subsection (c) of K.S.A. 60-226, and amendments thereto.
(g) The provisions of this section shall not preclude a court fromallowing a settlement which includes a confidentiality clause to befiled under seal where the interests of justice would be served bysuch settlement being filed under seal.
