Given the complexity of Indiana law on this matter, you should seek legal assistance if you wish to challenge a denial of access to court records. If you are denied access to a court record, you can file an application with the court having jurisdiction over the file. To access a court record sealed under Rule 9(G) or at the request of the person to whom the disclosure relates, you must prove that: A judge may order that a court record containing the information listed in Rule 9(G) be closed to the public. In addition, any person who would be affected by the disclosure of information contained in a court record may apply to the court to prohibit access to it. To prohibit access to a court record, the person seeking closure must demonstrate to the court with clear and convincing evidence that there is a strong presumption in favor of public access to all court records under Indiana Administrative Rule 9. In general, you can access, among other things, information contained in a file, pleadings and applications of the parties to a dispute, court decisions and orders, evidence presented by both parties to the tribunal, and transcripts of hearings. However, By-law 9(G) lists many categories of information that are not publicly available. For example, you cannot view most adoption records, records of juvenile proceedings, many medical, mental health and tax records, records that reveal the personal information of various individuals, as well as personal notes and emails from judges. See Indiana Administrative Rule 9(G) and pages 11-13 of the Indian Supreme Court`s Manual on Public Access to Court Records for more details. In deciding whether or not to prohibit access to a court record, the court must weigh the interest in public access against the reasons given by the individual. See rule 9h.
If the court prohibits access, it must justify it and use the least restrictive method to block access to the information in question. For more details, see pages 14 and 15 of the Guide to Public Access to Court Records. For more information, see page 16 of the Guide to Public Access to Court Records.