Before Justices Saitta, Pickering and Hardesty. Opinion by Justice Hardesty.
This opinion arose from a motion to seal records in a criminal appeal. In it, the Court addressed the sealing of records in criminal cases by thoroughly examining the rules for sealing records in civil cases. First, the Court held that documents filed in the Nevada Supreme Court are presumptively open to the public. However, the Court retains the inherent supervisory authority to limit this access if a party seeking to seal such documents overcomes this presumption. The presumption may be overcome by demonstrating that the public’s right to access is outweighed by a significant competing interest. Second, the Court concluded that, procedurally, a party seeking to file documents under seal must first file a motion which identifies the information sought to be sealed, the reasons why such action is necessary, the specific requested duration of the sealing order and an explanation of why less restrictive means will not adequately protect the material. Discussing SRCR 3, which governs the procedures for sealing records in civil cases before the Nevada Supreme Court, the Court noted that the party requesting that records be sealed must file and serve a motion establishing appropriate grounds for sealing such records. Before a final decision is made on the motion to file under seal, the information will remain confidential for a reasonable period of time. The Court also clarified that the sealing of an entire court file is prohibited and that any order to seal records should use the least restrictive means and duration. Previously filed records ordered unsealed. (Amanda M. Perach, Associate in the Las Vegas office of McDonald Carano Wilson.)
