Sealing court records

[egbert]

What is the name of your state (only U.S. law)? Wyoming
I am involved in a civil suit, regarding the partitioning of property (a house)
The suing party and I reached an agreement as to price, timing and realtor to sell the property
Now the suing party is requesting a hearing to seal the court records
1)this seems very unusual to me
2)I want to challenge: Do I need to inform the court or the other party's attorney, or can I just show up at the hearing?
3)Should I perform, like discovery, to see what evidence the other side is bringing to the hearing, in order to justify sealing?

 

[STEPHAN]

What is your objection against sealing?

 

[quincy]

What is the name of your state (only U.S. law)? Wyoming
I am involved in a civil suit, regarding the partitioning of property (a house)
The suing party and I reached an agreement as to price, timing and realtor to sell the property
Now the suing party is requesting a hearing to seal the court records
1)this seems very unusual to me
2)I want to challenge: Do I need to inform the court or the other party's attorney, or can I just show up at the hearing?
3)Should I perform, like discovery, to see what evidence the other side is bringing to the hearing, in order to justify sealing?

Why is it that the other party wants the court records sealed?

Personal information can be redacted and some personal information (financial information, social security numbers, dates of birth, the names of minors) must be redacted before filing.

Did you reach a settlement with the other party? Many settlement agreements are confidential and can be sealed so the terms do not become public.

 

[egbert]

answer

1)Why is it that the other party wants the court records sealed?
They say it will be financially injurious to their party.

2)Personal information can be redacted and some personal information (financial information, social security numbers, dates of birth, the names of minors) must be redacted before filing.
Not applicable here.

3)Did you reach a settlement with the other party? Many settlement agreements are confidential and can be sealed so the terms do not become public.
Yes, but the terms of the settlement agreement are basically selling price, timing and removal of our personal property from the house. It’s just a house being sold, and once it’s sold, that’s it. There was no mention of “sealing” in that agreement.

The judge responded to their "unopposed " motion to seal the records, citing Wyoming Rules Governing Redactions from Court Records, Rule #8, "the Court must then issue a written order that identifies **compelling reasons** to limit public access and that order must be narrowly tailored to match that compelling interest" AND Nixon v. Warner Commc'ns, Inc, "Sealing orders are not like party favors, available upon request or as a mere accommodation."

I’ve been on the short end of the stick, when dealing with the other party (family member) for decades, and the most prudent thing is to assume he’s up to something. There is nothing injurious to me in it, so I’m inclined to oppose sealing.
Their lawyer now filed an affidavit in support of, but all it says is to repeat, that it will be financially injurious to their party. The affidavit is signed by their lawyer (no other supporting evidence is offered).

The law seems to me, that the onus is on them to prove their point (says sealing is a rare event). So, not knowing anything about a hearing like this, I’m wondering if they plan on presenting more evidence at the hearing, that I should discover. Also, would you suppose there is any requirement for me to inform the court that I plan to show up?
Thank you for your responses!

 

[quincy]

1)Why is it that the other party wants the court records sealed?
They say it will be financially injurious to their party.

2)Personal information can be redacted and some personal information (financial information, social security numbers, dates of birth, the names of minors) must be redacted before filing.
Not applicable here.

3)Did you reach a settlement with the other party? Many settlement agreements are confidential and can be sealed so the terms do not become public.
Yes, but the terms of the settlement agreement are basically selling price, timing and removal of our personal property from the house. It’s just a house being sold, and once it’s sold, that’s it. There was no mention of “sealing” in that agreement.

The judge responded to their "unopposed " motion to seal the records, citing Wyoming Rules Governing Redactions from Court Records, Rule #8, "the Court must then issue a written order that identifies **compelling reasons** to limit public access and that order must be narrowly tailored to match that compelling interest" AND Nixon v. Warner Commc'ns, Inc, "Sealing orders are not like party favors, available upon request or as a mere accommodation."

I’ve been on the short end of the stick, when dealing with the other party (family member) for decades, and the most prudent thing is to assume he’s up to something. There is nothing injurious to me in it, so I’m inclined to oppose sealing.
Their lawyer now filed an affidavit in support of, but all it says is to repeat, that it will be financially injurious to their party. The affidavit is signed by their lawyer (no other supporting evidence is offered).

The law seems to me, that the onus is on them to prove their point (says sealing is a rare event). So, not knowing anything about a hearing like this, I’m wondering if they plan on presenting more evidence at the hearing, that I should discover. Also, would you suppose there is any requirement for me to inform the court that I plan to show up?
Thank you for your responses!

Any motion to seal the records will be denied if the other party is unable to show the court compelling reasons why the record should be sealed. If the other party is able to show the court that the records need to be sealed to prevent financial harm, the court will order the records sealed.

Because it should not harm you either way (sealed or unsealed), I am not sure of the source of your concern. The records can always be unsealed on court order, should another related legal action require it.

If you know of the hearing date, you do not need to inform the court you will be there. You show up at the date and time of the hearing.