Unsealing a deposition

[stinastina]

What is the name of your state (only U.S. law)? GA

I'm not a party to a case, but I am following a civil defamation case. I read a copy of the first deposition. The second deposition was sealed. How are depositions unsealed ? Can someone who is not a party to the case, ask the courts to unseal a deposition ?

 

[Eekamouse]

What is the name of your state (only U.S. law)? GA

I'm not a party to a case, but I am following a civil defamation case. I read a copy of the first deposition. The second deposition was sealed. How are depositions unsealed ? Can someone who is not a party to the case, ask the courts to unseal a deposition ?

If you aren't a party to the case, why are you being so nosy?

 

[latigo]

What is the name of your state (only U.S. law)? GA

I'm not a party to a case, but I am following a civil defamation case. I read a copy of the first deposition. The second deposition was sealed. How are depositions unsealed ? Can someone who is not a party to the case, ask the courts to unseal a deposition ?

Could be that the court in exercising its discretional authority ordered the deposition sealed to protect the privacy of persons not parties to the lawsuit such as employees, witnesses, etc..

But for whatever reason it did so it is well established that "the court has discretion to weigh the need for secrecy against the public’s right of access and enjoys considerable leeway in making decisions of this sort". *

Any effort to have the deposition released to the public would involve the considerable burden of showing an abuse of discretion on the part of the court. And because the material would not be accessible to make such an assessment and as a basis for argument a Catch-22 comes to mind.


[*] See: In re Nat’l Broadcasting Co., 653 F.2d 609, 613 (D.C. Cir. 1981); Siedle v. Putnam Invs., Inc., 147 F.3d 7, 10 (1st Cir. 1998); San Jose; Mercury News v. U.S. Dist. Court, 187 F.3d 1096, 1102 (9th Cir. 1999); United States v. McVeigh, 119 F.3d 806, 811 (10th Cir. 1997). Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178–79 (9th Cir. 2006).