Rule BCR 5.7 - Confidentiality/Protective Ordersa. Public Access to the Court. Parties and counsel should assume that all documents filed in the Business Court Docket are publicly available and that restricting public access is appropriate only in limited circumstances as set forth in this Rule. Parties should limit the materials that they seek to file under seal and recognize that the party seeking to file and maintain materials under seal bears the burden of establishing restricted access and the need for filing under seal.b. Proposed Orders. A party by motion or with the agreement of all parties may submit to the Business Court Docket judge a proposed order governing the designation, production, and use of confidential documents and information, including how such materials will be filed under seal in the pending action and recognizing that any materials to be filed under seal must be hand delivered with clear instructions to the Office of the Circuit Court Clerk. Before submitting a proposed order to the Business Court Docket judge, the parties must confer in an effort to agree to all applicable terms of the proposed order. The entry of a proposed confidentiality or protective order does not limit the Business Court Docket judge's power to make further orders concerning the disclosure of documents produced in discovery, tendered to the Business Court Docket judge, filed with the Court, or presented at hearing or trial, including whether and under what circumstances the document will retain confidential or protected designation. Jeff. Cnty. Busi. Ct. Doc. R. Prac. BCR 5.7
Adopted by order 2019-13, eff. 1/1/2020.