Kansas Motion to Seal Records and Documents

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Multi-State
Control #:
US-03331BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

(a) Form and Filing. All motions, unless made during a hearing or at trial, shall be in writing and shall be filed with the clerk. An original shall be filed and shall be accompanied by a brief or memorandum suggesting the reasons and authorities in support. (b) Responses and Replies to Motions.

[2] Rule 22(d)(10): Search Warrants. If a search warrant is filed in a criminal case, the warrant is sealed when issued and will remain sealed until a return is filed. Upon filing of the return, the search warrant and return will become public unless sealed by a court order.

In all filings, an attorney, or a party if not represented by an attorney, is solely obligated to protect the confidentiality of personally identifiable information as identified in this rule by ensuring that the filing contains no personally identifiable information.

The Kansas Open Records Act allows you to inspect and obtain copies of public records maintained by Kansas courts, as long as those records are not exempt from disclosure.

Rule 3.04 - Unavailability of Transcript or Exhibit (a) Transcript. If the transcript of a hearing or trial is unavailable, a party to an appeal may prepare a statement of the evidence or proceedings from the best available means, including the party's own recollection, for use instead of a transcript.

Kansas bars the recording, interception, use or disclosure of any private conversation without the consent of at least one party to the conversation. The state also prohibits the recording and disclosure of images captured illegally with a hidden camera. Violators can face both civil and criminal penalties.

A brief shall be concise, logically arranged with proper headings, and free of irrelevant, immaterial, or scandalous matter. The Court may disregard or strike a brief that does not comply with this paragraph.

A judge of the district court must issue a ruling on a civil motion not later than 30 days after the motion's final submission except for a ruling on a motion for summary judgment, which must be issued not later than 60 days after final submission. (b) Ruling on Other Civil Matter Taken Under Advisement.

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Kansas Motion to Seal Records and Documents