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Alaska R. Admin. 37.6

Prohibiting Access to Public Case Records

activein force · 2022-10-17 – presentact-effective-date

(a) Limiting Access. Notwithstanding any other rule to

the contrary, the court may, by order, limit access to public

information in an open case file or a case file that has been

closed for less than 90 days, or an individual record in one of

those case files, only by (1) sealing or making confidential the

entire case file, or (2) sealing or making confidential individual

documents in or parts of the case file, which may include

individual filings, log notes, the audio recording of

proceedings in the case, the transcript of proceedings, or

portions thereof. A request to limit access may be made by any

person affected by the release of the information or on the

court’s own motion. The court may consider limiting access to

information in a public case file only if the case is open or if

the case file has been closed for less than 90 days; the court

shall not limit access to all or portions of a case file that has

been closed for 90 days or longer. For a case reopened 90 days

or more after closing, the court may, by order, limit access

only to public information that is filed or occurs after the date

the case reopened. A case is not considered open under this

subsection if the case was previously closed and later reopened

solely because a motion or request under this subsection was

filed.

(b) Standard. The court may limit public access as

described above if the court finds that the public interest in

disclosure is outweighed by a legitimate interest in

confidentiality, including but not limited to

(1) risk of injury to individuals;

(2) individual privacy rights and interests;

(3) proprietary business information;

(4) the deliberative process; or

(5) public safety.

To make a finding that a legitimate interest in confidentiality

outweighs the public interest in disclosure under the standard

in this subsection, the court must identify a basis for limiting

access that is particular to the case being considered and that

distinguishes the confidentiality interests of the persons

affected by that case from the interests of persons affected by

disclosure in similar case types, being mindful of the general

public access provision in Administrative Rule 37.5(d)

(c) Least Restrictive Alternative. In limiting public

access the court must use the least restrictive means that will

achieve the purposes of these public access rules and the

reasonable needs as set out as the basis for the request, without

unduly burdening the court.

(d) Procedure. Any request to limit access must be made

in writing to the court and served on all parties to the case

unless otherwise ordered. A request to limit access, the

response to such a request, and the order ruling on such a

request must be written in a manner that does not disclose non-public information, are public records, and shall not

themselves be sealed or made confidential.

(e) Public Index to Cases. This rule does not authorize a

court to order a change to any entry in the index to cases or the

public index of cases on the court system’s website, unless the

change is purely ministerial and is intended to correct a data

entry error to ensure the index to cases accurately reflects the

true filings and events as they actually occurred in the case.

History

(Adopted by SCO 1622 effective October 15, 2006; and by SCO 1983 effective October 17, 2022) The terms “confidential” and “sealed” are defined in Administrative Rule 37.5(c).

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
f136d183b226d72b03ffc1ca2c231665b6e9c63b3b993ccd68003e858270f8a9
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