Amendments to Rule 1:38 ("Public Access to Court Records and Administrative Records")
It is ORDERED that the attached amendments to Rules 1:38-3, 1:38-5,
and 1:38-11 of the Rules Governing the Courts of the State of New Jersey are
adopted effective immediately.
For the Court,
/s/ Stuart Rabner
Chief Justice
Dated: January 5, 2010
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1:38-3. Court Records Excluded from Public Access
The following court records are excluded from public access:
(a) ... no change
(b) ... no change
(c) ... no change
(d) ... no change
(e) Records of [ Surrogate ] Guardianship Proceedings.
Guardianship records and reports maintained by the Surrogate and
by the Chancery Division, Probate Part, except that such records will be
made available to the spouse or family members to the third degree of
consanguinity of the ward. Any other individual or entity seeking such
records must demonstrate before a Superior Court judge a special interest
in the matter.
(f) Records of Other Proceedings.
(1) Records pertaining to mediation sessions and complementary
dispute resolution proceedings pursuant to R. 1:40-4(d) and R. 7:8-1,
but not the fact that mediation has occurred;
(2) Records and transcripts of civil commitment proceedings, pursuant
to N.J.S.A. 30:4-24.3, N.J.S.A. 30:4-27.27(c), N.J.S.A. 30:4-82.4h, R.
4:74-7, and R.4:74-7A;
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(3) Police investigative reports, unless admitted into evidence or
submitted to the court in support of a motion, brief, or other pleading;
(4) Records that are impounded, sealed pursuant to R. 1:38-11, or
subject to a protective order pursuant to R. 4:10-3;
(5) Criminal, Family, and Probation Division records pertaining to any
investigations and reports made by court staff or pursuant to court
order for a court or pertaining to persons on probation;
(6) Family, Finance and Probation Division records containing
information pertaining to persons receiving or ordered to pay child
support, including the child(ren); custodial parents; non-custodial
parents; legal guardians; putative fathers; family members and any
other individuals for whom information may be collected and retained
by the court in connection with child support cases subject to Title IV-D
of the Social Security Act, 42 U.S.C. §651 et seq. and applicable state
and federal statutes, but not the complaint or orders in such cases; [.]
(7) Records maintained by the Judiciary that contain identifying
information about a person who has or is suspected of having AIDS or
HIV infection, pursuant to N.J.S.A. 26:5C-7, except as provided in
N.J.S.A. 26:5C-8 and -9;
(8) Records of appeals from the Division of Developmental Disabilities
in accordance with N.J.S.A. 30:4-24.3.
Note: New Rule 1:38-3 adopted July 16, 2009 to be effective September 1,
2009; subparagraph (b)(1) amended December 9, 2009 to be effective
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immediately; paragraphs (e) and (f) amended January 5, 2010 to be effective
immediately.
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1:38-5. Administrative Records Excluded from Public Access
The following administrative records are excluded from public access:
(a) ... no change
(b) ... no change
(c) ... no change
(d) ... no change
(e) ... no change
(f) ... no change
(g) Juror source lists prepared pursuant to N.J.S.A. 2B:20-2, jury
questionnaires completed pursuant to N.J.S.A. 2B:20-3, and preliminary
lists prepared pursuant to N.J.S.A. 2B:20-4 of persons to be summoned
for possible service as grand or petit jurors, which shall remain
confidential, except as provided in Rule 1:8-5, unless otherwise ordered
by the Assignment Judge;
(h) ... no change
(i) ... no change
(j) ... no change
(k) ... no change
(l) ... no change
(m) ... no change
(n) ... no change
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(o) ... no change
(p) ... no change
Note: New Rule 1:38-5 adopted July 16, 2009 to be effective September 1,
2009; paragraph (g) amended January 5, 2010 to be effective immediately.
1:38-11. Sealing of Court Records
(a) Information in a court record may be sealed by court order for good
cause as defined in this section. The moving party shall bear the burden of
proving by a preponderance of the evidence that good cause exists.
(b) Good cause to seal a record shall exist when:
(1) Disclosure will likely cause a clearly defined and serious injury to any
person or entity; and
(2) The person’s or entity’s interest in privacy substantially outweighs the
presumption that all court and administrative records are open for public
inspection pursuant to R. 1:38.
(c) The provisions of this rule do not apply to actions required to be
sealed pursuant to the New Jersey False Claims Act (N.J.S.A. 2A:32C-5(c)).
Note: New Rule 1:38-11 adopted July 16, 2009 to be effective September 1,
2009; new paragraph (c) adopted January 5, 2010 to be effective immediately.
