(a) Court approval required
Records in a name change proceeding may not be filed under seal without a court order. A request by a confidential name change petitioner to file records under seal may be made under the procedures in this chapter. A request by any other petitioner to file records under seal must be made under rules 2.550-2.573.
(b) Application to file records in confidential name change proceedings under seal
An application by a confidential name change petitioner to file records under seal must be filed at the time the petition for name change is submitted to the court. The application must be made on the Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-410) and be accompanied by a Declaration in Support of Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-420), containing facts sufficient to justify the sealing.
(Subd (b) amended effective January 1, 2017.)
(c) Confidentiality
The application to file under seal must be kept confidential by the court until the court rules on it.
(d) Procedure for lodging of petition for name change
(1) The records that may be filed under seal must be lodged with the court. If they are transmitted on paper, they must be placed in a sealed envelope. If they are transmitted electronically, they must be transmitted to the court in a secure manner that preserves the confidentiality of the documents to be lodged.
(2) If the petitioner is transmitting the petition on paper, the petitioner must complete and affix to the envelope a completed Confidential Cover Sheet-Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-400) and in the space under the title and case number mark it "CONDITIONALLY UNDER SEAL." If the petitioner is transmitting the petition electronically, the first page of the electronic transmission must be a completed Confidential Cover Sheet-Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-400) with the space under the title and case number marked "CONDITIONALLY UNDER SEAL."
(3) On receipt of a petition lodged under this rule, the clerk must endorse the cover sheet with the date of its receipt and must retain but not file the record unless the court orders it filed.
(4) If the court denies the application to seal, the moving party may notify the court that the lodged record is to be filed unsealed. This notification must be received within 10 days of the order denying the motion or application to seal, unless otherwise ordered by the court. On receipt of this notification, the clerk must unseal and file the record. If the moving party does not notify the court within 10 days of the order, the clerk must (1) return the lodged record to the moving party if it is in paper form or (2) permanently delete the lodged record if it is in electronic form.
(Subd (d) amended effective January 1, 2017; previously amended effective January 1, 2016.)
(e) Consideration of application to file under seal
The court may order that the record be filed under seal if it finds that all of the following factors apply:
(1) There exists an overriding interest that overcomes the right of public access to the record;
(2) The overriding interest supports sealing the record;
(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;
(4) The proposed order to seal the record is narrowly tailored; and
(5) No less restrictive means exist to achieve the overriding interest.
(f) Order
(1) The order may be issued on Order on Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-425).
(2) Any order granting the application to seal must state whether the declaration in support of the application, the order itself, and any other record in the proceeding are to be sealed as well as the petition for name change.
(3) For petitions transmitted in paper form, if the court grants an order sealing a record, the clerk must strike out the notation required by (d)(2) on the Confidential Cover Sheet that the matter is filed "CONDITIONALLY UNDER SEAL," add a notation to that sheet prominently stating "SEALED BY ORDER OF THE COURT ON (DATE)," and file the documents under seal. For petitions transmitted electronically, the clerk must file the court's order, maintain the record ordered sealed in a secure manner, and clearly identify the record as sealed by court order on a specified date.
(4) If the court grants the application to file under seal and issues an order under (e), the petition and any associated records may be filed under seal and ruled on by the court immediately.
(5) The order must identify any person other than the court who is authorized to inspect the sealed records.
(Subd (f) amended effective January 1, 2017; previously amended effective January 1, 2016.)
(g) Custody of sealed records
Sealed records must be securely filed and kept separate from the public file in the case. If the sealed records are in electronic form, appropriate access controls must be established to ensure that only authorized persons may access the sealed records.
(Subd (g) amended effective January 1, 2017.)
(h) Motion, application, or petition to unseal record
(1) A sealed record may not be unsealed except by order of the court.
(2) Any member of the public seeking to unseal a record or a court proposing to do so on its own motion must follow the procedures described in rule 2.551(h).
Rule 2.577 amended effective January 1, 2017; adopted effective January 1, 2010; previously amended effective January 1, 2016.
Title 2, Trial Court Rules-Division 4, Court Records-Chapter 6, Other Sealed or Closed Records; renumbered effective January 1, 2010; adopted as Chapter 5 effective January 1, 2007.