Nev. Sup. Ct. R. 3

As amended through October 9, 2024
Rule 3 - Process and grounds for sealing or redacting court records
1.Request to seal or redact court records; service. Any person may request that the court seal or redact court records for a case that is subject to these rules by filing a written motion, or the court may, upon its own motion, initiate proceedings to seal or redact a court record. A motion to seal or redact a court record must disclose, in its title and document code, that sealing or redaction is being sought. The motion must be served on all parties to the action in accordance with NRCP 5.
2.Access to court record while motion pending. When a motion to seal or redact a court record has been filed, the information to be sealed or redacted remains confidential for a reasonable period of time until the court rules on the motion.
3.Hearing; notice. The court may conduct a hearing on a motion to seal or redact a court record. If the court orders a hearing, the court may also require that the movant provide notice to the general public by posting information, including the time, date, and location of the hearing, at a place within the confines of the court that is accessible to the general public.
4.Grounds to seal or redact; written findings required. The court may order the court files and records, or any part thereof, in a civil action to be sealed or redacted, provided the court makes and enters written findings that the specific sealing or redaction is justified by identified compelling privacy or safety interests that outweigh the public interest in access to the court record. The parties' agreement alone does not constitute a sufficient basis for the court to seal or redact court records. The public interest in privacy or safety interests that outweigh the public interest in open court records include findings that:
(a) The sealing or redaction is permitted or required by federal or state law;
(b) The sealing or redaction furthers an order entered under NRCP 12(f) or JCRCP 12(f) or a protective order entered under NRCP 26(c) or JCRCP 26(c):
(c) The sealing or redaction furthers an order entered in accordance with federal or state laws that serve to protect the public health and safety;
(d) The redaction includes only restricted personal information contained in the court record;
(e) The sealing or redaction is of the confidential terms of a settlement agreement of the parties;
(f) The sealing or redaction includes medical, mental health, or tax records;
(g) The sealing or redaction is necessary to protect intellectual proprietary or property interests such as trade secrets as defined in NRS 600A.030(5); or
(h) The sealing or redaction is justified or required by another identified compelling circumstance.
5.Limitations on sealing or redacting.
(a)Public hazard In no event may the sealing or redaction have the purpose or effect of concealing a public hazard,
(b)Redaction preferred A court record shall not be sealed under these rules when reasonable redaction will adequately resolve the issues before the court under subsection 4 above.
(c)Sealing of entire court file prohibited Under no circumstances shall the court seal an entire court file. An order entered under these rules must, at a minimum, require that the following information is available for public viewing on court indices:
(i) the case number(s) or docket code(s) or number(s);
(ii) the date that the action was commenced;
(iii) the names of the parties, counsel of record, and the assigned judge;
(iv) the notation "case sealed";
(v) the case type and cause(s) of action, which may be obtained from the Civil Cover Sheet;
(vi) the order to seal and written findings supporting the order, and
(vii) the identity of the party or other person who filed the motion to seal.
6.Scope and duration of order. If the court enters an order sealing or redacting a court record, the court shall use the least restrictive means and duration.
7.Procedures for maintaining sealed court records.
(a) When the clerk receives a court order to seal specified court records, the clerk shall:
(1) Preserve the docket code, document title, document and subdocument number, and date of the original court records on the court's docket;
(2) Remove the specified court records, seal them, and return them to the file under seal or store them separately. The clerk shall substitute a filler sheet for the removed sealed court record. If the sealed record exists in a microfilm, microfiche, or other storage medium form other than paper, the clerk shall restrict access to the alternate storage medium so as to prevent unauthorized viewing of the sealed court record; and
(3) File the order and the written findings supporting the order to seal. Both shall be accessible to the public.
(b) Sealed court records may be maintained in a medium other than paper.
(c) Before a court file is made available for examination, the clerk shall prevent access to the sealed court records.
8.Procedures for redacted court records. When a court record is redacted in accordance with a court order, the clerk shall replace the original court record in the public court file with the redacted copy. The person who filed the motion shall provide the redacted copy. The original unredacted court record shall be sealed following the procedures set forth in subsection 7 of this rule.

Nev. Sup. Ct. R. 3

Added effective 1/1/2008.