American courts have long recognized that the public enjoys a First Amendment right of access to judicial proceedings and records. While forceful, the right is only presumptive, and the public’s interest in access may be overcome with an adequate showing of need.
In the Delaware Court of Chancery, these principles are embodied in Rule 5.1, which was adopted in 2012 to address perceived excesses in “under seal” filings under former Rule 5(g). As the court explained in its memorandum about the adoption of Rule 5.1, the rule’s “overarching purpose” is “to protect the public’s right of access to information about judicial proceedings.” Accordingly, Rule 5.1 begins with the general proposition that all papers filed with the court, all hearing transcripts and exhibits will be available for public access. The rest of the rule principally outlines procedures for filing papers with the court confidentially, and for challenges to confidentiality.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
