Texas Motion to Seal Records and Documents

State:
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

If the Supreme Court determines that a direct appeal or a petition for review is frivolous, it may - on motion of any party or on its own initiative, after notice and a reasonable opportunity for response - award to each prevailing party just damages.

Process for Sealing Criminal Records in Texas First Step: Determining Eligibility for Non-Disclosure. ... Second Step: Obtaining Necessary Information for Record Sealing. ... Third Step: Drafting and Filing for Non-Disclosure Order. ... Fourth Step: Non-Disclosure Hearing.

The court, when deemed necessary in any case, may order a repleader on the part of one or both of the parties, in order to make their pleadings substantially conform to the rules.

Rule 76a allows courts to seal files only after a public hearing to address whether any private interest in sealing documents outweighs the public's interest in access to the information, particularly when the information at issue has the potential to impact public health and safety.

Although most defenses to a complaint must be asserted in the answer, a defendant has the option of asserting certain defenses in the form of a motion to dismiss the complaint before filing an answer. (A motion is an application to the Court asking that the Court take some particular action in the case.)

To submit a civil complaint for filing under seal, present the motion for leave to file under seal (See LR 79.3(b)), complaint, and all subsequent filings to the Clerk's Office on paper. (A case filed pursuant to the False Claims Act 31, U.S.C. § 3730(b) does not require a motion for leave to file under seal.)

P. 76. Each attorney at law practicing in any court shall be allowed at all reasonable times to inspect the papers and records relating to any suit or other matter in which he may be interested.

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Texas Motion to Seal Records and Documents