Court Rules

Monterey Superior Court Sealing & Redaction Procedures

4 rules from official source documents

Procedures for filing sealed or redacted documents, including required motions and formats. This page is scoped to Monterey Superior Court; use the court rules overview to switch categories without leaving this court.

Filed forms FL-326 and FL-328 and related qualification documents are confidential and available only to the court, parties, their attorneys, and persons specifically authorized by written order after notice to all parties.

Filed forms FL-326, and FL-328, as well as all correlating qualifying documents submitted by professional child custody evaluators shall be confidential and unavailable to any person except the court, the parties, their attorneys and any person to whom the court expressly grants access by written order made with prior notice to all parties.

The confidential-document filing rule applies to documents required by law to be closed to inspection, but excludes records sealed or proposed to be sealed by court order under California Rules of Court 2.550-2.551.

This rule pertains to any documents that are attached to a pleading and filed with the court as confidential as required by law. This rule does not apply to records sealed or proposed to be sealed by court order pursuant to California Rules of Court, rule 2.550-2.551.

Documents required by law to remain confidential must be filed separately, and the filing party is responsible for identifying and securing them regardless of whether filing is electronic or otherwise.

Confidential documents must be filed separately from other documents in the case. Whether filed electronically or otherwise, it is the responsibility of the filing party to identify any documents that are required to be kept confidential by law, and to secure such documents when filed with the court.

Documents that are not legally confidential may not be filed as confidential, and the court may accept, reject, or reclassify documents mislabeled as confidential.

Documents that are mislabeled as confidential and are not confidential by statute, rule of court, or other authority shall not be filed as confidential. The court retains the discretion to accept, reject, or reclassify submitted documents that have been mislabeled as confidential.

Common questions about Monterey Superior Court sealing & redaction procedures

How does Monterey Superior Court handle sealed or redacted filings?

Monterey Superior Court rules set procedures for sealed or redacted filings. Filed forms FL-326 and FL-328 and related qualification documents are confidential and available only to the court, parties, their attorneys, and persons specifically authorized by written order after notice to all parties.

View ruleSource: page 124, section B. Qualifications of Child Custody Evaluator