TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 3, 2012
RE: Rule 41, N.D.Sup.Ct.Admin.R., Access to Court Records
The Committee discussed the Court's amendments to Rule 41 at the January meeting. Staff explained that the Court had decided to require application of a balancing analysis before a court could allow access to a defendant's Internet case records to be restricted. The Committee instructed staff to attempt to draft form documents applying the court's standard that could be used by a defendant seeking to restrict access to Internet case records.
Staff has drafted a proposed notice of motion, motion and brief, and findings of fact/conclusions of law that the Committee can use a starting point in discussing and developing form documents for defendants seeking to restrict Internet access to their records. The proposed forms are attached.