Laurel Circuit Court Sealing & Redaction Procedures

CRITICAL

A copy of audio or video from a confidential proceeding may be provided only to a party or attorney of record after a motion and hearing; the text does not identify who must conduct the hearing.

A copy of audio and/or video proceedings regarding any confidential proceeding shall be provided only to parties or attorneys of record upon motion and hearing before the

CRITICAL

Mediation documents and communications are confidential, generally not discoverable or admissible, except for the agreements to mediate and mediation agreement or when 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 except for the agreement to mediate and mediation agreement. Except as to the agreement to mediate and mediation agreement, all mediation documents are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding.

CRITICAL

When filed materials contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is limited to the listed authorized persons.

However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, 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 of specific orders of the Court. As used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth, or financial account number.

CRITICAL

Mediation proceedings are not public records.

Mediation proceedings shall not be considered a public record.

WARNING

The mediation confidentiality and disclosure restrictions do not apply to the extent that all parties consent in writing, the mediator learns of suspected abuse or neglect, or the communications further a crime or fraud.

There is no confidentiality and no restriction on disclosure under this rule to the extent that: (a) All parties consent in writing to disclosure; or, (b) The mediation communication or mediation document gives the mediator knowledge of or reasonable cause to suspect that a child or a spouse has been abused or a child has been neglected; or, (c) The mediation communications were made in furtherance of the commission of a crime or fraud or as part of a plan to commit a crime or fraud.