NRS 121.110 Access to court records in family law proceedings; standards and procedures for sealing, redacting and unsealing records.

499 words·~2 min read·/nv/chapter-121-general-provisions/121-110

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

1. In a family law proceeding:

(a)The following court records must be open to public inspection in the clerk’s office:

(1)The summons and proof of service;

(2)If service is made by publication, the affidavit for publication;

(3)The pleadings;

(4)Any decree or other order, including, without limitation, an order directing the publication of a summons; and

(5)Any judgment, including, without limitation, a judgment of default.

(b)The following court records are not open to public inspection except by order of the court for good cause shown:

(1)Financial disclosure forms;

(2)Documents, records or evidence filed under seal;

(3)Documents sealed by a court pursuant to subsection 3;

(4)Confidential exhibits;

(5)Child custody evaluations;

(6)Medical records, including, without limitation, any medical, psychiatric or psychological evaluation or report; and

(7)Any documents, the copying or distribution of which is prohibited by federal or state law or regulation or court rule.

2. Except as otherwise provided in subsection 8 of NRS 121.100 , all other court records, including, without limitation, exhibits and transcripts of testimony, are presumptively open to public inspection.

3. The court may, on its own motion or at the request of a party, seal or redact a court record described in subsection 2 if the court determines that the sealing or redaction is justified by a compelling interest that outweighs the public interest in access to the court record. For the purpose of this subsection, protecting personal identifying information concerning a party or child involved in the proceeding from disclosure shall be deemed to be a compelling interest that outweighs the public interest in access to the court record.

4. The court may unseal a court record sealed pursuant to subsection 3:

(a)Upon written stipulation of all parties;

(b)Upon its own motion for good cause shown; or

(c)Upon the motion of a party for good cause shown. A copy of any such motion must be served upon all parties to the proceeding.

5. In addition to any other factors the court considers relevant in determining whether good cause exists for unsealing a court record pursuant to subsection 4, the court shall consider:

(a)Whether the court record contains information made confidential by federal or state law or regulation or court rule;

(b)Whether federal or state law or regulation or court rule provides that any information in the court record is not a public record;

(c)The interests of the party seeking to unseal the record; and

(d)Whether unsealing the record would create a substantial risk that a party to the proceeding or child involved in the proceeding may suffer harassment, indignity, undue embarrassment or any other physical or emotional harm.

6. As used in this section, “court record” includes, without limitation, any document, information or exhibit maintained by a court in connection with a family law proceeding.