Thurston County Superior Court, Washington Sealing & Redaction Procedures

CRITICAL

Unsealed medical records and private information must not be placed in the public court file.

The ADA Coordinator will not place any unsealed medical records or private information in the public court file.

CRITICAL

The clerk must file the documents under seal in accordance with GR 15.

The clerk shall file the documents under seal in accordance with GR 15.

CRITICAL

Motions to destroy, redact, or seal previously filed court records must be filed in accordance with GR 15 and GR 22, as applicable.

Motions to destroy, redact or seal all or part of a previously filed court record shall be filed in accordance with GR 15 and GR 22, as applicable.

CRITICAL

The clerk must seal and withhold from examination records sealed by court order or law; sealed papers may be unsealed only by court order, on motion and with notice, in conformity with GR 15.

The clerk shall seal and not permit examination of records sealed by court order or by operation of law (GR 15, GR 22). If sealed, papers may be unsealed only by court order, by motion and with notice, in conformity with GR 15.

CRITICAL

Requests to disclose information from complaint, guardian ad litem, or DGAL files must redact case-identifying information, information that could endanger a domestic violence victim, and information whose disclosure is prohibited by law.

Any requests to disclose information from complaint or guardian ad litem files or DGAL are subject to redaction of case identifying information, including party names and case numbers; any information that could endanger a victim of domestic violence; and any information prohibited by law from disclosure.

CRITICAL

Before the court decides the motion, the moving party may not file an unredacted copy with the clerk or in camera unless the court directs otherwise.

Prior to the court’s determination on the motion, the moving party may not file an unredacted copy of the subject document(s), either with the clerk or in camera, unless directed to do so by the court.

CRITICAL

If material warrants sealing, the presenting party must give notice to all parties as directed, and the court must hold a hearing on its motion to seal under GR 15.

If the court determines that the material warrants being sealed, the court shall direct the presenting party to give notice to all parties to the cause and shall conduct a hearing on the court’s motion to seal the material pursuant to GR 15.

WARNING

When the Board finds no cause to proceed, the complaint is not kept in the guardian ad litem’s or DGAL’s file, may be kept separately with confidentiality safeguards, and must be destroyed after three years while a specified notation remains; if the complainant discloses the complaint to a third party, the guardian ad litem or DGAL may see the complaint and decision and file a response in the confidential file.

If the Board finds no cause to proceed with the complaint, no record of the complaint will be kept in the guardian ad litem’s or DGAL’s file, although a copy may be kept in separate complaint files with safeguards for confidentiality. After three years, the complaint documents shall be destroyed, with a notation in the file including the names of the complaining person and guardian ad litem or DGAL, the filing date of the complaint, and that the Board found no cause to proceed with the complaint. However, if a complaining person discloses to a third party that a complaint has been filed, the guardian ad litem or DGAL may see a copy of the complaint and the Board’s decision in the matter and may file a written response to be placed in the confidential file.

WARNING

The complaint, Board meeting minutes and communications, and the Board’s initial decision must remain confidential from everyone except the complaining person unless the Board finds cause to proceed.

The complaint, the Board’s meeting minutes and communications, and the Board’s initial decision, shall be kept confidential from everyone but the complaining person, unless the Board finds cause to proceed with the complaint.

WARNING

This rule does not affect the identified records, including records that may be sealed without a motion under GR 15.

(1) This rule does not impact family law, protection order, guardianship, and therapeutic court records covered by GR 22, or any records permitted by statute, regulation, or court rule to be sealed without a motion under GR 15.

WARNING

If the Board finds cause to proceed, the complaint and related documents, including the specified Board and judicial decisions, must be kept in a guardian ad litem or DGAL complaint file.

If the Board finds cause to proceed, the complaint and all relating documents shall be kept in a guardian ad litem or DGAL complaint file, including copies of the initial and final decisions, and any judicial decisions regarding the complaint.

INFO

The court may allow exceptions to the sealing procedure for good cause.

The court may permit exceptions to this rule for good cause.

INFO

The record of an in-camera hearing may be sealed in appropriate cases until the case is completed.

The record of the latter in camera hearing may be sealed in appropriate cases until after the case has been completed.