NRS 121.100 Family law proceedings presumptively open; authority of court to close proceedings; considerations; written findings; effect of closure; confidentiality of records.

720 words·~3 min read·/nv/chapter-121-general-provisions/121-100

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided by specific statute or court rule, family law proceedings are presumptively open.

2. Upon oral or written motion of either party, upon its own motion or upon the filing of a request to provide electronic coverage of a proceeding, a court may exercise its discretion and close a proceeding or portion thereof only if the court determines that closure is necessary to serve a compelling interest.

3. In addition to any other factors the court considers relevant in determining whether closure serves a compelling interest, the court shall consider:

(a)The presumption set forth in subsection 1;

(b)The best interest of each child involved in the proceeding;

(c)Whether permitting a third party to observe or record the proceeding creates a substantial risk of violating a federal or state law or regulation or court rule relating to the disclosure of personal identifying information that cannot be mitigated by sealing court records. As used in this paragraph, “personal identifying information” includes, without limitation:

(1)Individually identifiable health information as defined in 45 C.F.R. § 160.103; or

(2)Educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

(d)Whether, in the absence of closure, there is a substantial risk that:

(1)A party to the proceeding or child involved in the proceeding may suffer harassment, indignity, undue embarrassment or any other physical or emotional harm; or

(2)The fundamental right of privacy of any person will be violated.

4. After considering the factors set forth in subsection 3 and any other factors the court considers relevant in determining whether closure is necessary to serve a compelling interest, the court shall make written findings regarding:

(a)Whether there is a substantial probability that, in the absence of closure, the compelling interest will be harmed;

(b)Whether there are alternatives to closure that would adequately protect the compelling interest; and

(c)Whether the closure is narrowly tailored to protect the compelling interest.

5. If the court determines that a proceeding or portion thereof should be closed pursuant to subsection 2:

(a)The court shall direct that the proceeding or portion thereof be closed; and

(b)Except as otherwise provided in subsections 6 and 7, all persons must be excluded from the court or chambers wherein the action is tried, except:

(1)The officers of the court;

(2)The parties;

(3)The counsel for the parties and any staff of such counsel;

(4)The witnesses for the parties, including, without limitation, expert witnesses;

(5)The guardians of the parties; and

(6)Persons who are related within the third degree of consanguinity to the parties.

6. The court may, upon oral or written motion of either party or on its own motion, exclude any person described in subparagraph (4),

(5)or

(6)of paragraph

(b)of subsection 5 from the court or chambers wherein the action is tried.

7. If the court determines that the interests of justice or best interests of a child would be served, the court may permit a person to remain, observe and hear any relevant portion of a proceeding, notwithstanding any request by a party that the proceeding be closed.

8. Except as otherwise provided by specific statute, court rule or court order, a transcript, audio recording or electronic or video record of a closed portion of a hearing or trial is confidential and not open to inspection or copying by persons except the parties, the counsel for the parties and such staff and experts as the counsel for the parties deem necessary.

9. A person with such access shall not distribute or facilitate the distribution of a transcript, audio recording or electronic or video record of any closed portion of a hearing or trial, except as otherwise provided by specific statute, court rule or court order. A person who violates this subsection shall, upon receiving notice of the violation:

(a)Cease and desist from the conduct; and

(b)Immediately remove the transcript, audio recording or electronic or video record from public access.

10. As used in this section, the term “electronic coverage” includes broadcasting, televising, recording and photographing.