Section 5 - Sealed Cases, Sealed Documents, Documents for in Camera Review, and Restricted AccessA. Filing of Cases under Seal1.The following types of proceedings shall be treated as cases filed under seal pursuant to the procedures set forth in this section: commitment proceedings pursuant to §§ 41-21-61 et seq., 41-30-1 et seq., 41-31-17, and 41-32-1; adoption proceedings; youth court proceedings; expungements; and petitions for waiver of consent to abortion.2. All documents in sealed cases shall be submitted conventionally to the clerk's office for filing.3.Viewing Sealed cases. Only authorized court personnel will be able to view docket entries and documents in sealed cases.4.Service and Notice. Parties must not use the Court's electronic notice facilities to serve documents in sealed cases. An NEF will not be sent on documents filed in sealed cases. Service should be made in accordance with the Mississippi Rules of Civil Procedure, and a certificate of service must be attached to the filed document.B. Filing of Documents under Seal1.With Prior Court Order. Any document ordered to be filed under seal shall be electronically filed using the docket event "Sealed Document," which is found under "Civil" / "Other Filings" / "Other Documents" / "Sealed Document."2.Without Prior Court Order. A party who has a legal basis for filing a document under seal without prior court order shall electronically file an appropriate motion, such as a motion for leave to file under seal. The motion shall include an explanation of how the documents meet the legal standards for filing sealed documents. By filing documents under seal, the filer is representing that these standards have been met. Filings that do not comply with or are made in disregard of these standards may result in the imposition of sanctions, including but not limited to ordering the sealed documents to be made public. The document in question shall not be attached to the motion as an attachment but rather shall be electronically filed contemporaneously as a separate event "Sealed Document," which is found under "Civil" / "Other Filings" / "Other Documents" / "Sealed Document."3.Filing Sealed Motions. In the rare event that the motion must itself be filed under seal, the motion shall be electronically filed using the docket event "Sealed Motion", which is found under "Civil" / "Motions" / "Sealed Motion."4.Service and Notice. A publicly viewable NEF will be generated for a sealed document, but the document will not be viewable. The NEF will only contain the statement "Sealed Document." Parties must not use the court's electronic notice facilities to serve sealed documents. Service must be made in accordance with the Mississippi Rules of Civil Procedure. A certificate of service must be attached to the filed document.5.Denial of Leave to File. In the event that a motion for leave to file under seal is denied, the document tendered shall remain under seal, and it will not be considered by the presiding judge for any purpose. If the filer wishes to have the document considered by the court, it must be re-filed in the normal fashion as an unsealed document. The Court may, in its discretion, order a sealed document to be made public if (1) the document is filed in disregard of the legal standards for such filings, or (2) if the document is so intricately connected with a pending matter that the interests of justice are best served by doing so.6.Viewing Sealed Documents. Only authorized court personnel will be able to view sealed documents although the docket text "sealed document" is publicly viewable.C. Documents Submitted for In Camera ReviewDocuments submitted for in camera review shall follow the same procedures as Documents under Seal set forth in Section 6.B. above.
D. Restricted AccessA case involving one or more of the following natures of suit shall have Restricted Access: Debt Collection; Garnishment; Replevin; Child Custody/Visitation; Child Support; Divorce: Fault; Divorce: Irreconcilable Differences; Modification; Paternity; Termination of Parental Rights; Birth Certificate Correction; Conservatorship; Guardianship; Minor's Settlement; Protection from Domestic Abuse Law.
1. Internet access to those documents filed in the cases identified above will be on a "restricted access" basis, i.e., limited to eligible attorneys registered with MEC and court staff. Docket sheets will be available over the Internet to non-parties, who will also have direct access at the clerk's office to the documents on file in the case.2. A publicly viewable NEF will be generated for a restricted access document, and the document will be attainable through the NEF. Parties will use the court's electronic notice facilities to serve restricted access documents.3. In addition to those cases identified above, a party may file a motion to restrict a document and/or case. The motion must state the reason and show good cause for restricting remote access to the document or case. If the motion is granted, remote access to the document or case will be limited to eligible attorneys registered with MEC and court staff. Docket sheets will be available over the Internet to non-parties, who will also have direct access at the clerk's office to the documents on file in the case.December 2008; rev. September 2009; rev. May 2012, eff. 7/1/2012; rev. June 2016, eff. 6/16/2016; rev. November 2016, eff. 12/1/2016; amended October 17, 2018, effective 10/25/2018.