North Carolina 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

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.

A sealed copy means that the court must stamp and sign the copies before you serve them. A copy of all documents served on the respondent (or applicant) also needs to be served on any other parties (including the independent children's lawyer, if there is one involved).

Rule 27. Depositions before action or pending appeal. (1) Petition. ? A person who desires to perpetuate his own testimony or that of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.

No attorney who has entered an appearance in any civil action shall withdraw his appearance, or have it stricken from the record, except on order of the court.

Rule 2.1 - Designation of Exceptional Civil Cases and Complex Business Cases (a) The Chief Justice may designate any case or group of cases as (a) "exceptional" or (b) "complex business." A senior resident superior court judge, chief district court judge, or presiding superior court judge may ex mero motu, or on motion ...

Filing under seal is a procedure allowing sensitive or confidential information to be filed with a court without becoming a matter of public record.

Depositions before action or pending appeal. (1) Petition. ? A person who desires to perpetuate that person's own testimony or the testimony of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.

Rule 26 - Secure-Leave Periods for Attorneys (a)Definition; Entitlement. A "secure-leave period" is one complete calendar week that is designated by an attorney during which the superior courts and the district courts may not hold a proceeding in any case in which that attorney is an attorney of record.

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North Carolina Motion to Seal Records and Documents