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.
A New Hampshire Motion to Seal Records and Documents is a legal procedure by which a petitioner seeks to restrict access to certain records and documents in a court case. This motion is typically filed in the court where the case was heard and is governed by the laws and rules of the state of New Hampshire. There are various types of New Hampshire Motion to Seal Records and Documents that serve different purposes and apply to different types of cases. Some common types include: 1. Criminal Case Sealing Motion: This motion is filed in criminal cases and aims to seal records related to arrests, charges, convictions, or other criminal proceedings. The petitioner may request sealing if they meet certain criteria, such as having been acquitted, the charges being dismissed, or certain periods of time having elapsed since the final disposition of the case. 2. Juvenile Case Sealing Motion: Juvenile delinquency proceedings are generally considered confidential, protecting the privacy of individuals who are minors involved in such cases. However, a motion to seal may be necessary to further safeguard the juvenile's records and prevent their accessibility. 3. Family Case Sealing Motion: In family law cases, including divorce, child custody, and support proceedings, parties may file a motion to seal records or documents to protect sensitive information like financial records, medical records, or details regarding minors. This ensures the privacy of the involved parties and maintains confidentiality. 4. Civil Case Sealing Motion: In civil cases, parties may request to seal specific documents or court records if they contain sensitive or confidential information that may harm either party if publicly disclosed. Such motions commonly involve medical records, trade secrets, proprietary information, or personal identifying information. To initiate the New Hampshire Motion to Seal Records and Documents process, the petitioner must prepare a written motion that includes relevant details, such as the case number, the names of the parties involved, the specific records to be sealed, and the grounds on which the sealing is being requested. The motion is then filed with the court and served on all relevant parties, allowing them an opportunity to respond or object to the request if they deem it necessary. It is important to note that the court has discretion in granting or denying a motion to seal based on the specific circumstances of each case. The court will consider factors such as the public interest, the right to access public records, the potential harm to the parties involved, and the potential impact on the administration of justice. Overall, the New Hampshire Motion to Seal Records and Documents serves as a mechanism to protect sensitive information, ensure privacy rights, and balance the public's right to access information with the need for confidentiality in certain legal proceedings.
