Supreme Court Posts Proposed Rule Amendment on Sealing and Access to Exhibits for Comment

Supreme Court Posts Proposed Rule Amendment on Sealing and Access to Exhibits for Comment

Wednesday, October 14, 2020

The Practice and Procedures Committee of the Nebraska Supreme Court submitted proposed rule amendments and draft orders. The proposed amendments to Supreme Court Rules for the Trial Courts (Chapter 6, Article 5) would provide a process and forms for sealing and public review of exhibits in the courts.

https://supremecourt.nebraska.gov/sites/default/files/rule_amendments_proposed/6-505to6-507NOTICE.pdf

Under the proposed rules:

§ 6-505:  Adds language to specifically provide child pornography exhibits are not public records.

§ 6-506:  [New section.] A party or interested person may request an exhibit be sealed or limit access to an exhibit. The court on its own motion may do the same and must indicate in the order the reasons for sealing the record and who will have access to the sealed record.   

§ 6-507:  [New section.] (A) Unless nondisclosure or confidentiality is required by law or court rule, makes certain exhibits public record (e.g., exhibits in support or opposition to a motion; exhibits offered into evidence during a proceeding open to the public). (B) Provides a procedure to request to inspect or obtain a copy of an exhibit that is presumed to be a public record. (C) Allows the court to place limits on access to viewing, handling, photographing, or copying of nondocumentary exhibits. (D) Gives the court discretion to make unsealed exhibits available to the public upon request during the course of a trial or other public proceeding.

Anyone who would like to submit comments to the Nebraska Supreme Court on the proposed rule amendments and draft orders must do so by November 12, 2020.