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Alaska R. App. P. 512.5

Public Documents; Sealed and Confidential Documents

activein force · 2016-08-10 – presentact-effective-date

(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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