Rule 41: Access to Case Documents

(A) Presumption of Public Access. Case documents are presumed open to public access. A case document means a document and information in a document submitted to a court or filed with a clerk of court in a judicial action or proceeding, including exhibits, pleadings, motions, orders, and judgments, and any documentation prepared by the court or clerk in the judicial action or proceedings, such as journals, dockets, and indices, subject to exclusions.

(B) Direct and Remote Public Access. Pursuant to R.C. 2303.14, the Cuyahoga County Clerk of Courts is the official custodian of the case file and is responsible for maintaining all materials appertaining to the court record. The Clerk of Courts shall convert any documents filed in paper format to an electronic format. Pursuant to R.C. 2303.081, pleadings and documents in electronic format are the official version of the record.

All documents submitted to the court must to be filed with the Clerk of Courts.

The Clerk of Courts shall provide remote access to the general docket through its online Case Records Search System. The Clerk of Courts shall provide direct access to case documents. Remote access to case documents via the Case Records Search System is only available for parties, their attorneys of record, guardians ad litem, parenting coordinators, and custody evaluators appointed in that case.

The Clerk of Courts shall not make available for direct or remote public access any documents or information in documents excluded or restricted from public access.

All public requests to view case files shall be directed to the Clerk of Courts.

(C) Documents Excluded from Public Access. Pursuant to R.C. 2303.91(A) and Sup.R. 44(C), the following are not case documents and are not available for public access:

(1) A document or information in a document exempt from disclosure under state, federal, or common law;

(2) Personal identifiers, meaning social security numbers, except for the last four digits; financial account numbers, including but not limited to debit card, charge card, and credit card numbers; employer and employee identification numbers; and a juvenile’s name in an abuse, neglect, or dependency case, except for the juvenile’s initials or a generic abbreviation such as “CV” for “child victim”;

(3) A document or information in a document to which public access has been restricted;

(4) Except as relevant to the juvenile’s prosecution later as an adult, a juvenile’s previous disposition in abuse, neglect, and dependency cases, juvenile civil commitment files, post-adjudicatory residential treatment facility reports, and post-adjudicatory releases of a juvenile’s social history;

(5) Notes, drafts, recommendations, advice, and research of judicial officers and court staff;

(6) Forms containing personal identifiers;

(7) Information on or obtained from the Ohio Courts Network, except that the information shall be available at the originating source if not otherwise exempt from public access;

(8) Health care documents, including but not limited to, physical health, psychological health, psychiatric health, mental health, and counseling documents;

(9) Drug and alcohol use assessments and pre-disposition treatment facility reports;

(10) Guardian ad litem reports, including collateral source documents attached to or filed with the reports;

(11) Home investigation reports, including collateral source documents attached to or filed with the reports;

(12) Child custody evaluations and reports, including collateral source documents attached to or filed with the reports;

(13) Domestic violence risk assessments;

(14) Supervised parenting time or companionship or visitation records and reports, including exchange records and reports;

(15) Financial disclosure statements regarding property, debt, taxes, income and expenses, including collateral source documents attached to or filed with records and statements;

(16) Asset appraisals and evaluations.

(D) Responsibility of Party to Omit Personal Identifiers prior to Submission or Filing of Case Documents. Pursuant to R.C. 2303.901(B)(1) and Sup.R. 45(D), a party must omit personal identifiers in any case document. The responsibility for omitting personal identifiers rests solely with the party. The Clerk of Courts and the court are not required to review the case document to confirm that the party has omitted personal identifiers and will not refuse to accept or file the document on that basis.

When personal identifiers are omitted from a case document that requires personal identifiers, the party must submit or file that information on a separate form. This form is available from the Clerk of Courts.

Pursuant to R.C. 2303.901(B)(2), the Clerk of Courts is not liable or responsible for safeguarding personal identifiers filed or submitted to the court by a party not contained in a separate form.

(E) Motion to Restrict Public Access to Case Documents. Pursuant to Sup.R. 45(E), any party to a judicial action or proceeding or other person who is the subject of information in a case document may, by written motion, request that the court restrict public access to the information or, if necessary, the entire document.

A motion to restrict public access to a case document must:

(1) Identify the specific case document(s) to which public access would be restricted;

(2) State the specific reason justifying restricting public access to the document(s);

(3) Set forth the nature and extent of restriction of public access sought; and

(4) Explain why the restriction sought is the least restrictive means available.

A motion to restrict public access may be set for hearing. The moving party must prove by clear and convincing evidence that the presumption of public access is outweighed by a higher interest.

A motion to restrict public access must be filed before any document with a requested access restriction may be filed. The Clerk of Courts shall not accept any document to be filed “under seal” unless a motion has been made and has been granted and the order allows such filing.

(F) Considerations in Restricting Public Access to Case Documents. The court will restrict public access to information in a case document or, if necessary, the entire document if it finds by clear and convincing evidence, by affidavit or testimony, that allowing public access is outweighed by a higher interest after considering each of the following:

(1) Whether public policy is served by restricting public access;

(2) Whether any state, federal, or common law exempts the document or information from public access;

(3) Whether factors that support restriction of public access exist, including risk of injury to persons, individual privacy rights and interests, proprietary business information, public safety, and fairness of the adjudicatory process.

The court will not restrict public access simply on the joint request and agreement of the parties.

(G) Least Restrictive Means to be Used. When restricting public access to a case document or information in a case document, the court will use the least restrictive means available, including but not limited to the following:

(1) Redacting the information rather than limiting public access to the entire document;

(2) Restricting remote access to either the document or the information while maintaining its direct access;

(3) Using initials or other identifier for the parties’ proper names.

(4) Ordering the clerk of court to use a generic title or description for the document on the clerk of court's docket.

(H) Court Order Restricting Public Access. The court shall promptly grant or deny any motion requesting public access restriction.

Any restriction of access to case documents or information shall be by written court order filed in the case. The order will specify the nature, terms, and conditions of the restriction with particularity, including whether the parties, their attorneys of record, judicial staff, clerk staff, and court staff are also restricted from access.

If the court orders restriction of an entire document, it shall identify the document by name and date of filing. If the court orders redaction of information in a document, the court will identify the document and specify what text in the document must be redacted. The court shall order a party to re-file a redacted version of the document that complies with the restrictions. The Clerk shall remove from public access the original unredacted document.

The Clerk of Courts shall reflect the court’s orders in a journal entry on the general docket.

The Clerk shall not make available for direct or remote public access any case documents ordered restricted from public access or information in documents ordered redacted and shall maintain such documents or information separate from the case file.

(I) Motion to Obtain Access to Restricted Case Documents. Pursuant to Sup.R. 45(F), public access may be granted to a previously restricted case document or information.

A person requesting access to a restricted case document or information must file a written motion. The motion must:

(1) Identify the specific case document(s) or information that has been restricted; and

(2) State the specific reason(s) public access should no longer be restricted.

The court shall give notice of the motion to all parties in the case and, if applicable, to the non-party person who requested that public access be restricted. The court may schedule a hearing on the motion.

(J) Court Order Granting Access to Restricted Case Document. The court may permit public access to a previously restricted case document or information if it finds by clear and convincing evidence, shown by affidavit or testimony, that allowing public access is no longer outweighed by a higher interest.

When making this determination, the court shall consider:

(1) Whether the original reason for the restriction to the case document or information no longer exists or is no longer applicable; and

(2) Whether any new circumstances have arisen which would require the continued restriction of public access.

The court shall promptly grant or deny any motion requesting access to a restricted case document by written court order filed in the case. If granted, the order shall specify the nature, terms, and conditions of access with particularity.

The Clerk of Courts shall reflect the court’s order in a journal entry on the general docket.

(Effective September 9, 2024.)