Tennessee Motion to Seal Records and Documents

State:
Multi-State
Control #:
US-03331BG
Format:
Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

(1) Rules 2.550-2.551 apply to records sealed or proposed to be sealed by court order. (2) These rules do not apply to records that are required to be kept confidential by law. (3) These rules do not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings.

Rule 8.47(c)(2) ? filings referring to confidential records: A party may file a request to file a brief or other document under seal in order to avoid disclosing confidential information. The request must be sufficient to justify the sealing and confidentiality. Rule 8.46(d) governs the procedure.

(a) Motion for stay The motion for a stay may be included with a petition for coordination or may be served and submitted to the Chair of the Judicial Council and the coordination motion judge by any party at any time prior to the determination of the petition.

(b) Motion or application to seal a record A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.

Sealing of records refers to state laws that allow civil or criminal records to be stored away from public access. The nature of storing records varies widely by state with some states and the federal courts not recognizing the option at all; but in those that do, normally only a court can seal records.

The filing party may ask the court to redact (omit or blank out) certain pieces of information, to seal a document, or to seal the whole case. Forms GF-245?247 are available for making a motion to seal the court record or the transcript. The clerk cannot seal a record; this decision must be made by the court.

Sealing of records refers to state laws that allow civil or criminal records to be stored away from public access. The nature of storing records varies widely by state with some states and the federal courts not recognizing the option at all; but in those that do, normally only a court can seal records.

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Tennessee Motion to Seal Records and Documents