Access to Court Records
For Litigants: What are the Rules of Privacy and Access to Court Records in Montana?
This summary describes the public access to court records and the restrictions on public access. It is meant to be a guide, not a legal document.
In general, all information that you file with a court is public information. Anyone can view and copy and share this information.
The public's access to court records is governed by two fundamental rights guaranteed by the Montana Constitution: the Public's Right to Know, Article II, Section 9, and the Right of Individual Privacy, Article II, Section 10.
The Montana Supreme Court has enacted Court Rules for Privacy and Public Access to Court Records in Montana. It is important that you understand these rules.
Court records include any document, information, exhibit, or other thing filed in a court case by the parties or their lawyers.
You should not put in a document filed with the court sensitive personal information, unless the information is required by law or ordered by the court. If the information is required by law or ordered by the court you should file this information on a sensitive data sheet. Sensitive data is defined in the Rules as financial account numbers, full dates of birth of any person and social security numbers. Sensitive data also includes the names of minor children unless state law requires the full names be part of the public record. It is your responsibility to make sure that any document you file follows the law when sensitive personal information is involved. The Court or Clerk of Court will not review documents submitted for filing to see if it has information that should not be there, or information which should be protected from public access.
If you want to keep other types of information confidential that are not protected by law, you may file a Motion to Seal. Your motion may ask for the entire case, a particular document, or a portion of a document to be kept confidential. However, the basis for a judge limiting public access to court records is quite limited. The Court will carefully weigh your right to privacy against the public's right to know. The Court will choose the least restrictive alternative to keeping information confidential.
For more information on these rules, please see www.courts.mt.gov.
