How-To: Write a Motion to Unseal the Docket

Background:	You are a party to a civil case
Problem:	You do not have access to the case docket
Solution:	You ask the Court to unseal the docket (using this walkthrough)

I. Legal Citations

Art. I §24 FL Constitution | Access to Public Records and Meetings
"(a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and..." Rule 1 Fed. R. Civ. P. | Scope and Purpose
"[These rules] should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Rule 1.010 Fla. R. Civ. P. | Scope and Purpose
"These rules shall be construed to secure the just, speedy, and inexpensive determination of every action." Rule 2.420(j)(2) Fla. R. Jud. Admin. | Public Access to and Protection of Judicial Branch Records
"(2) A court order allowing access to confidential court records may be obtained by filing a written motion which must:

(A) identify the particular court record(s) or a portion of the court record(s) to which the movant seeks to obtain access with as much specificity as possible without revealing the confidential information;

(B) specify the bases for obtaining access to such court records;

(C) set forth the specific legal authority for obtaining access to such court records; and

(D) contain a certification that the motion is made in good faith and is supported by a sound factual and legal basis."" Rule 2.420(m)(1) Fla. R. Jud. Admin. | Public Access to and Protection of Judicial Branch Records
"(1) Requests for access to judicial branch records shall be in writing and shall be directed to the custodian. The request shall provide sufficient specificity to enable the custodian to identify the requested records. The reason for the request is not required to be disclosed." AOSC 22-7 | Access to Electronic Court Records
"Access levels are defined as follows:
B. All but expunged, or sealed under Ch. 943, F.S., or sealed by court order."

II. Samples

#	PDF	Comments
101		± Pending Decision \| Leon County \| 2022 \| TBD case. Pro Se Filing. Qui Tam. Relator. §68 FS
102		X Denied \| DOAH \| 2014 \| Attorney Filing \| Medicaid; Final Audit Report
103		X Denied \| DOAH \| 2013 \| Pro Se Filing \| Deposition; Florida Open Records Act
104		- Undetermined \| DOAH \| 2006 \| Attorney Filing \| Exhibits; Many citations

III. Templates

# Word Comments

1 Leon County | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").

#	Word	Comments
1		Leon County \| Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Application

Standard of Review: 3-Prong Test
"(1) Requests for access to judicial branch records shall be in writing and shall be directed to the custodian. The request shall provide sufficient specificity to enable the custodian to identify the requested records. The reason for the request is not required to be disclosed."

- see Rule 2.420(m) Fla. R. Jud. Admin.
1. Must be in writing;
2. Must be directed to the custodian; and
3. Must be sufficiently specific about what records Relator needs.
Important Quotes: Appellate Opinions
"The courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents.”"

- see Nixon v. Warner, 435 U.S. 589 (1978)
"The judiciary has long recognized that case file documents, unless sealed or otherwise restricted by statute or court rule, are available at the courthouse for public inspection and copying. The common law right and the presumption of public access to court records ‘relate to the public’s right to monitor the functioning of our courts, thereby insuring quality, honesty, and respect for our legal system.’"

- see In re: Continental Illinois, 732 F.2d 1303 (7th Cir. 1984)
"When the United States Judicial Conference examined public access to electronic federal court records, the Administrative Office of the United States Courts (AOUSC) made several assumptions to guide policy development including the following:

• There is a strong legal presumption that documents in case files, unless sealed, are public records available for public inspection and copying;
• The presumption of unrestricted public access to case files promotes public understanding of and confidence in the court system;"

- see Privacy and Access to Electronic Case Files in the Federal Courts
"The public records law expressly states that "[i]t is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01. Accordingly, the public records law "is to be construed liberally in favor of openness, and all exemptions from disclosure are to be construed narrowly and limited to their designated purpose."... "[W]hen in doubt the court should find in favor of disclosure rather than secrecy."... The governmental agency claiming the benefit of an exemption bears the burden of proving its entitlement to the exemption... An individual's reason for requesting a public record is irrelevant."

- see St. Petersburg v. Romine, 719 So.2d 19, (2DCA 1998)

V. Quick Commentary

Download as many sample documents as you'd like
- Contact TBD for more free samples
Also, feel free to use the templates (see Part III - above) to help draft your 'Motion to Unseal the Docket'
Save the final version as a PDF file.
File it in court (or at DOAH)

VII. Additional Resources

Reading List: Motions for Confidentiality

Item 12.01, USNYWD's Pro Se Handbook (Sealing Records)

VII. Bibliography

In re: Continental Illinois, 732 F.2d 1303 (7th Cir. 1984)
Lorei v. Smith, 464 So.2d 1330 (2DCA 1985)
Microdecisions v. Skinner, 889 So. 2d 871 (2DCA 2004)
Privacy and Access to Electronic Case Files in the Federal Courts,
- Administrative Office of the United States Courts (1999)
Nixon v. Warner, 435 U.S. 589 (1978)
Salvador v. Fennelly, 593 So.2d 1091 (4DCA 1992)
Sepro Corp v. Florida, 839 So.2d 781 (1DCA 2003)
Shevin v. Byron, 379 So.2d 633 (Fla. 1980)
St. Petersburg v. Romine, 719 So.2d 19, (2DCA 1998)
Tribune v. Public Records, 493 So.2d 480 (2DCA 1986)
Warden v. Bennett, 340 So.2d 977 (2DCA 1976)
Weeks v. Golden, 764 So. 2d 633 (1DCA 2000)
WFTV v. Seminole, 874 So.2d 48 (5DCA 2004)

VII. Conclusion

A Motion to Unseal the Record will help you litigate your case.

With the use of the templates (as well as the samples above), you can more easily ask your court to unseal the record.

...POINTS & THINGS...

Congratulations! You're now booked up on how to write a Motion to Unseal the Record!

Please get the justice you deserve.

Sincerely,

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How-To: Write a Motion to Unseal the Docket

I. Legal Citations

II. Samples

III. Templates

IV. Application

V. Quick Commentary

VII. Additional Resources

VII. Bibliography

VII. Conclusion

...POINTS & THINGS...

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How-To: Write a Motion to Unseal the Docket

I. Legal Citations

II. Samples

III. Templates

IV. Application

V. Quick Commentary

VII. Additional Resources

VII. Bibliography

VII. Conclusion

...POINTS & THINGS...

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages You Might Also Like

thank you, come again!
TBD 1.037