Floyd Circuit Court Sealing & Redaction Procedures

CRITICAL

Mediation documents and communications are confidential, not subject to disclosure or discovery, and inadmissible in judicial or administrative proceedings, unless the rule provides otherwise or the Court orders otherwise for good cause.

Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed . They are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding

CRITICAL

The clerk’s office generally may not release covered confidential video records without a specific written order, except in paternity actions; the restriction does not apply to qualifying certified public officers or employees, who may use and distribute the information only for investigation or prosecution of offenses under Kentucky law.

The Floyd, Knott, or Magoffin County Circuit Court Clerk's office shall not release any copies of Floyd, Knott, or Magoffin Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge. Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.

CRITICAL

The clerk’s office must not release a covered Family Court video of an in-chamber interview with a child without a specific written order from the Family Court Judge.

Pursuant to FCRPP 17, the Floyd, Knott, or Magoffin County Circuit Court Clerk's Office shall not release any Floyd, Knott, or Magoffin Family Court video in-chamber interviews with children without a specific written order from the Family Court Judge.

CRITICALCivil cases

Materials to be filed under seal must be hand delivered with clear instructions to the Office of the Circuit Court Clerk.

any materials to be filed under seal must be hand delivered with clear instructions to the Office of the Circuit Court Clerk.

CRITICALCivil cases

A party seeking to file and maintain materials under seal bears the burden of establishing the need for restricted access and filing under seal.

the party seeking to file and maintain materials under seal bears the burden of establishing restricted access and the need for filing under seal.

CRITICAL

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.

Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.

WARNINGCivil cases

Parties should limit the materials they seek to file under seal.

Parties should limit the materials that they seek to file under seal

WARNINGCivil cases

Parties and counsel should treat filed documents as publicly available and assume that restricting public access is appropriate only in limited circumstances.

Parties and counsel should assume that all documents filed in the Business Court Docket are publicly available and that restricting public access is appropriate only in limited circumstances as set forth in this Rule.

INFOCivil cases

A party may submit, by motion or with all parties’ agreement, a proposed order concerning confidential documents; the excerpt continues beyond this text.

A party by motion or with the agreement of all parties may submit to the Business Court Docket judge a proposed order governing the designation, production, and use of confidential documents and

CRITICAL

For covered personal identifiers, parties must file a redacted copy and a marked, sealed unredacted copy with access limited to authorized persons; documents in actions deemed confidential by statute need not be redacted, and access is governed by the specified rules and statutes.

However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by FCPR 504 and 505 and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.