Ky. Sup. Ct. Order 2023-15 BCR 5.8

a. Public Access to the Court. Parties and counsel should assume

that all documents filed in the Business Court Docket are publicly available

and that restricting public access is appropriate only in limited circumstances

as set forth in this Rule. Parties should limit the materials that they seek to

file under seal and recognize that the party seeking to file and maintain

materials under seal bears the burden of establishing restricted access and the

need for filing under seal.

b. Proposed Orders. A party by motion or with the agreement of all

parties may submit to the Business Court Docket judge a proposed order

governing the designation, production, and use of confidential documents and

information, including how such materials will be filed under seal in the

pending action and recognizing that any materials to be filed under seal must

be hand delivered with clear instructions to the Office of the Circuit Court

Clerk. Before submitting a proposed order to the Business Court Docket judge,

the parties must confer in an effort to agree to all applicable terms of the

proposed order. The entry of a proposed confidentiality or protective order does

not limit the Business Court Docket judge’s power to make further orders

concerning the disclosure of documents produced in discovery, tendered to the

Business Court Docket judge, filed with the Court, or presented at hearing or

trial, including whether and under what circumstances the document will

retain confidential or protected designation.