Judicial Branch Policy on General Public Access to Case Files
Disputes over access to case files are addressed on a case-by-case basis by individual judges. Judges address privacy interests in case files mainly through discretionary sealing of files or documents. Although judges may act on their own initiative, sealing of case files usually occurs on a case-by-case, or document-by-document, basis in response to a motion to seal.
The federal courts are moving swiftly to create electronic case files, and to provide general public access to those files through the Internet. This transition from paper files to electronic files is transforming the way case file documents may be used by attorneys, litigants, courts, and the public by providing new access capabilities. The creation of electronic case files means that the ability to obtain documents from a court case file no longer will depend on physical presence in the courthouse where a file is maintained. Increasingly, case files may be viewed, printed, or downloaded remotely by anyone, at any time, through the Internet.
Electronic files are being created in two ways. Many courts are creating electronic images of all paper documents that are filed. Other courts are receiving electronic court filings over the Internet directly from attorneys, so that the original file is no longer a paper file, but a collection of the electronic documents filed by the attorneys and the court. Over the next few years electronic filing, as opposed to making electronic images of paper documents, will become more common as most federal courts begin to implement a new case management system, called Case Management/Electronic Case Files (CM/ECF). That system gives each court the option to create electronic case files by allowing lawyers and parties to file their documents over the Internet. CM/ECF also allows the courts to combine electronic images with other electronic documents to create a complete electronic case file.
The courts plan to provide general public access to electronic files, both at the courthouse through public computer terminals, and remotely, through their Internet websites. The web- based systems will contain both the dockets (a list of the documents filed in the case) and the actual case file documents.
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