Nueces County Courts at Law Sealing & Redaction Procedures

CRITICAL

An order regarding an application is confidential and may be released only to the listed persons or entities.

An order of the Court regarding an application is confidential and privileged and is not subject to disclosure. b. The Order may not be released to any person, except the following: 1. the pregnant minor; 2. the pregnant minor’s guardian ad litem; 3. the pregnant minor’s attorney; 4. another person designated by the minor to receive the Order, or, 5. a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor.

CRITICAL

An application order is confidential and may be released only to the listed persons or entities.

An Order of the Court regarding an application is confidential and privileged and is not subject to disclosure. b. The order may not be released to any person, except the following: 1. the pregnant minor; 2. the pregnant minor’s guardian ad litem; 3. the pregnant minor’s attorney: 4. another person designated by the minor to receive the Order; or, 5. a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor.

CRITICAL

The Clerk must store all final and closed applications separately from other stored files.

The Clerk shall keep all final and closed applications in a place separate from all other files kept in storage.

CRITICAL

On appeal, the Reporter must file the record in a sealed envelope and provide a copy to the Clerk for placement in the sealed cause file.

In the event of an appeal, the Reporter shall prepare the record according to the designation of record notice, shall file the record on appeal in a sealed envelope as in other appeals, and shall provide a copy thereof to the Clerk who shall place the copy in the sealed file of the cause.

CRITICAL

The Clerk must deny access, including computer access, to all Chapter 33 application records.

The Clerk shall deny access, including computer access, to all records of applications filed under Chapter 33, Fam.C.

CRITICAL

The Clerk must maintain a separate, secure filing and numbering system for all applications.

The Clerk shall establish and maintain a separate and secure filing and numbering system for all applications.

CRITICAL

The record on appeal and the copy placed in the cause file must be handled in sealed form.

In the event of an appeal, the Reporter shall prepare the record according to the designation of record notice. shall file the record on appeal in a sealed envelope as in other appeals, and shall provide a copy thereof to the Clerk, who shall place the copy in the sealed file of the cause

CRITICAL

Only the assigned Judge or a person authorized by the Judge may unseal or open a sealed cause.

No person shall unseal or open a sealed cause other than the assigned Judge or a person authorized by the Judge.

CRITICAL

The Clerk must keep all listed application and case documents in a sealed envelope at all times, except while the cause is in the Judge’s possession.

Notwithstanding the provisions of Rule 76a, Tx.R.Civ.P., and pursuant to the legislative directive that all Chapter 33 proceedings are confidential and privileged and not subject to disclosure or to discovery, subpoena or other legal process, the Clerk shall keep the application, all pleadings, exhibits, written findings and conclusions, Orders and all other documents in the cause in a sealed envelop at all times, except when the cause is in the possession of the Judge.

WARNING

The Clerk may destroy an application only in the time and manner provided by law.

The Clerk may destroy an application in the time and manner provided by law.