AK · rules
Alaska R. Admin. 37.6
Prohibiting Access to Public Case Records
(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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