AK · rules
Alaska R. App. P. 512.5
Public Documents; Sealed and Confidential Documents
(a) Records on Appeal. A record on appeal is open to
public inspection except that (1) papers filed under seal in the
trial court, recordings or transcripts of closed hearings held in
the trial court, and exhibits submitted or introduced at closed
hearings in the trial court, will be maintained under seal while
they constitute part of a record on appeal; and (2) papers,
recordings, transcripts, exhibits, and other items designated as
confidential in the trial court will be maintained as confidential
while they constitute part of a record on appeal.
(b) Other Papers.
(1) Papers, including excerpts of record filed under Rule
210(c), filed in the appellate courts, other than records on
appeal, shall be open to public inspection unless the appellate
court in which the case is pending otherwise orders, or except
as hereafter provided in this subparagraph. If the trial court has
restricted disclosure of information, and it is necessary to refer
to that information in an interlocutory petition or application to
an appellate court, the petitioner or applicant must attach to the
petition or application the trial court order that restricted the
information. The information will be maintained as sealed or
confidential during the pendency of the petition or application,
unless the trial court or appellate court orders otherwise. In
addition, the petition or application must be written in a
manner that does not disclose non-public information.
(2) Counsel in appellate matters arising out of closed
proceedings in the trial courts shall, wherever possible, avoid
the use of full names of parties or other detailed identifying
information in briefs, motions, and other papers filed with the
appellate courts. Descriptive terms (“the oldest daughter,” “the
prospective adoptive father”), pseudonyms (“Jane Doe”), first
names or initials should be used instead.
(3) A motion to file a paper under seal or to treat a paper
as a confidential document in the appellate court, the response
to such a motion, and the order ruling on such a motion, are
open to public inspection and shall not themselves be filed
under seal. A motion to file a paper under seal or to treat a
paper as a confidential document, whether or not opposed, is
not a “routine” motion within the meaning of Rule 503(e).
(4) A paper may be lodged with the court along with a
motion to file it under seal or to treat it as a confidential
document. Unless the court otherwise orders, it is not open to
public inspection while the motion to file it under seal or
confidentially is pending. If the motion is denied, and the paper
has been lodged along with the motion, the movant has the
option of withdrawing the paper or leaving it on file open to
public inspection.
(c) General Provisions.
(1) Papers that are confidential in the appellate courts
may be examined or copied only by the parties to the case,
counsel of record in the case, their agents or employees
designated by them, those with a written court order
authorizing access, and those personnel of the Alaska Court
System having need to examine the papers in the performance
of their duties, as provided by Administrative Rule 37.5(c)(4).
Access to papers filed under seal in the appellate courts is
restricted to the justices or judges of the court in which the
papers were filed, the law clerks and staff attorneys assisting
them in deciding the case, and persons authorized by written
court order, as provided by Administrative Rule 37.5(c)(5).
(2) If further restrictions are ordered for good cause (for
example, privileged material to which counsel for one party
but not the other are entitled to access), the clerk of the
appellate courts shall enforce those restrictions, including
restrictions placed by the trial court upon materials filed with
the trial court and included in the record on appeal.
(3) A paper shall not be withheld from public inspection
because other papers included in the same case file or the same
record on appeal have been filed under seal or are confidential
and are not open to public inspection.
History
(SCO 883 effective July 15, 1988; amended by SCO 1279 effective July 31, 1997; by SCO 1746 effective April 15, 2011; and by SCO 1893 effective August 10, 2016)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
1c51ef8271fe2d66b554c94065560c3e73741bb0d883db5ed27ee5eaa6ed1106
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