The Supreme Court Advisory Committee on Public Access to Court Records recommended amendments to extend the presumptive exclusion of medical reports in all case types from public access. The reconsideration of Rule 1:38 was prompted by technological advances, “including the widespread implementation of eCourts.”

“The ongoing implementation of eCourts has brought about the realization of the possibility foreseen in the Albin Report, which possibility likely will increase as electronic filing is made available to self-represented litigants,” the committee said in its report. The committee referenced the 2007 Report of the Supreme Court Special Committee on Public Access to Court Records.

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