Missouri Motion to Seal Records and Documents

State:
Multi-State
Control #:
US-03331BG
Format:
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

(1) "Record." Unless the context indicates otherwise, "record" means all or a portion of any document, paper, exhibit, transcript, or other thing filed or lodged with the court, by electronic means or otherwise. (2) "Sealed." A "sealed" record is a record that by court order is not open to inspection by the public.

The seal is used to execute a legal document or guarantee the document's authenticity. A seal is unique to a sealer and is used by government agencies, corporations and notaries public to show that the document is validly executed, acknowledged or witnessed.

Sealing of records refers to state laws that allow civil or criminal records to be stored away from public access. The nature of storing records varies widely by state with some states and the federal courts not recognizing the option at all; but in those that do, normally only a court can seal records.

(b) Motion or application to seal a record A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.

(2) "Sealed." A "sealed" record is a record that by court order is not open to inspection by the public. (3) "Lodged." A "lodged" record is a record that is temporarily placed or deposited with the court, but not filed.

Any sealed order is defined as "an instrument closed against inspection of the contents." This means the contents of the order are to be read only by those persons who need the information in order to accomplish the intent of the order.

Sealing of records refers to state laws that allow civil or criminal records to be stored away from public access. The nature of storing records varies widely by state with some states and the federal courts not recognizing the option at all; but in those that do, normally only a court can seal records.

Sealed document means a document that will not be accessible to the public but will be accessible to court staff with only the highest security level clearance.

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Missouri Motion to Seal Records and Documents