R.I. Pub. Access R. 5

(a) Access to medical records.

(1) A person or entity who can demonstrate a sufficient need for access to non-public medical records contained in a court file may seek such access by submitting

a petition to the court before which the matter is or was pending.

(2) Notice of the petition shall be provided to the individual whose medical records are being sought, together with a notice that the individual may challenge the

disclosure; or if the individual cannot be located, an affidavit of that fact is provided.

(3) Any challenge to the provision of non-public medical health care information

shall be heard and decided in accordance with the procedure set forth in G.L. § 5-

37.3-6.1.

(4) An order granting or denying a petition for access shall be in writing and shall

set forth the reasons for the decision.

(5) The order shall be limited to that information deemed by a judicial officer to

be germane to the subject action.

(6) The order shall further direct that all otherwise non-public information contained in the records to be accessed that is not deemed by a judicial officer to be

germane to the subject action be redacted in accordance with Article X, Rule 8 of

the Supreme Court Rules Governing Electronic Filing and these Public Access

Rules.

(b) Courthouse Access to Case Information.

(1) Policy. Each court shall make computer terminals available in the respective

clerks’ offices in each of the courthouses for use by anyone who wishes to review

Electronic Documents filed in the Judiciary’s EFS during regular business hours.

(2) Content.

(a) Public Access. Members of the Public shall have access to all Public Electronic Case Information. This access does not include access to sealed cases or documents, or non-public case types, documents, or information as defined in these Public Access Rules.

(b) Attorneys. Attorneys who have entered an appearance in a case shall have

Electronic Access at a courthouse to all documents and information about a case in

which they are representing a party. This access does not include access to sealed

cases or documents. Attorneys shall have no greater access than the Public to information about cases in which they are not directly involved.

(c) Parties and Self-represented Litigants. Parties to a case and self-represented

litigants shall have Electronic Access at a courthouse to all documents and information about a case in which they are named as a party. This access does not include

access to sealed cases or documents. Parties and self-represented litigants shall have

no greater access than the Public to information about cases in which they are not

directly involved.

(d) State or Federal Agencies. State or federal agencies and employees thereof

authorized by the Judiciary to access Electronic Case Information shall have access

to Public Electronic Case Information at a courthouse. This access does not include

access to sealed cases or documents, or non-public case types, documents or information as defined in these Public Access Rules except in specific circumstances as

authorized by the Judiciary. State or federal agencies shall be approved for access

by the Supreme Court.

(3) Fees. No fees shall be charged for the viewing of Electronic Documents on a

computer terminal provided by the Judiciary at one of its courthouses. There may be

fees associated with the printing and/or certifying of documents.

(c) Remote Access to Case Information.

(1) Policy. To allow limited Remote Access to the Database through the Public

Portal. Non-public case types shall not be remotely accessible except for certain case

types to attorneys who have entered an appearance in a case.

(2) Content.

(a) The Public, Self-represented Litigants and Parties. The Public, self-represented litigants, and parties shall have Remote Access to the register of actions or

Docket but shall not have Remote Access to other Electronic Case Information.

(b) Attorneys. Attorneys who have entered an appearance in a case shall have

Remote Access to all documents and information about a case in which they are

representing a party. This access does not include access to sealed cases or documents. For all other cases in which they are not directly involved, attorneys shall

have Remote Access to Public Electronic Case Information.

(c) State or Federal Agencies. State or federal agencies and employees thereof

authorized by the Judiciary to access Electronic Case Information shall have Remote

Access to Public Electronic Case Information. This access does not include access

to sealed cases or documents, or non-public case types, documents or information as

defined in these Public Access Rules except in specific circumstances as authorized

by the Judiciary. State or federal agencies shall be approved for access by the Supreme Court.

(3) Username and Passwords. Attorneys and state or federal agencies must register with the Rhode Island Supreme Court, Judicial Technology Center, for a

username and password in order to utilize Remote Access.

(4) Fees. There shall be no fees charged for Remote Access to the foregoing information.

(d) Access to Exhibits.

(1) Courthouse Access. Exhibits are designated as Public at the courthouse.

(2) Remote Access. Exhibits are designated as non-public for the purpose of Remote Access due to the construct of the Public Portal. Attorneys and state or federal

agencies shall have Remote Access to exhibits in a case in accordance with Rule

5(c)(2)(b) and (c).