Rule 16.405 - Restricting access to filings(1)Scope. This rule covers restricting access to filings in the court system, including documents, exhibits, docket entries, cases, and other items or materials.(2)Applications to restrict access.a. A filer seeking to restrict access to materials that are not deemed confidential by statute or rule must file an application to restrict access.b. If a filer seeks to restrict access to a document or exhibit, the document or exhibit must not be attached to the application or the document or exhibit will become part of the public court file.c. Documents or exhibits proposed for restricted access must be electronically presented to the court for review when reasonably practicable.d. Either in the application to restrict access or in a proposed order presented with the application, the filer must clearly state who should have access to the materials.e. If the court grants the application, restricted access will be placed on the materials at the security level specified in the order. If a document or exhibit is electronically presented with the application, the document or exhibit will be filed with the access specified in the order. f. Rules governing electronic filing of restricted access documents in appeals to the Iowa Supreme Court are included in the Iowa Rules of Appellate Procedure. COMMENT:
Rule 16.405(2)(d). For example: "Only attorneys and case parties should have access to this document." [Court Order November 21, 2016, temporarily effective November 21, 2016, permanently effective February 1, 2017]
COMMENT:
Rule 16.405(2)(e). The court may approve the application and restrict access to the material to a specific level, or the court may deny the application and either order that the material be filed with public access or order that the material not be filed. [Court Order November 21, 2016, temporarily effective November 21, 2016, permanently effective February 1, 2017]
(3)Documents or exhibits filed subsequent to order to restrict access. If the court enters a protective order or an order directing or permitting the filing of documents or exhibits with restricted access, the parties must, without further order from the court, designate any document or exhibit filed under this rule as "Filed under order to restrict access" on the electronic cover sheet. All parties to the case must comply with any order restricting access. Any document or exhibit disclosing information that is subject to an order restricting access must also be filed with restricted access.(4)Service of documents or exhibits proposed for restricted access or filed under order restricting access. EDMS will not serve documents or exhibits that are proposed for restricted access or that are filed under an order restricting access. The filer is responsible for service under rule 16.315.(5)System-restricted documents, exhibits, or cases. Access to certain categories of documents, exhibits, or cases is restricted based on statutory or court rule requirements. Within EDMS, access is restricted automatically without application or an order of the court. A current list of system-restricted documents, exhibits, and cases is available from the clerk of court and is available on the Iowa Judicial Branch website.(6)Access to restricted documents and docket entries. EDMS restricts access to documents in three ways: a. Some documents available only to certain parties and the court may be referenced in a docket entry available to the public. In civil cases, most restricted access documents are referenced in a docket entry available to the public, but only certain parties and the court may view the documents themselves.b. Some documents available only to certain parties and the court may not be referenced in a docket entry available to the public.c. Some documents available only to the court are not referenced in a docket entry available to the parties or the public. COMMENT:
Rule 16.405(6)(a). Examples of these documents include presentence investigation reports, minutes of testimony, and documents filed under restricted access pursuant to this rule. [Court Order November 21,2016, temporarily effective November 21, 2016, permanently effective February 1, 2017]
(7)Nonelectronic filings. All nonelectronic filings with the court must conform to the personal privacy rules that apply to electronic documents. Court Order November 21, 2016, temporarily effective 11/21/2016, permanently effective 2/1/2017.COMMENT:
Rule 16.405(6)(c). Examples of these documents include applications for search warrants and search warrants that have not been executed. [Court Order November 21,2016, temporarily effective November 21, 2016, permanently effective February 1, 2017]