RULE 14
COURT FILES AND AUDIO TAPES - INSPECTION AND COPYING PROCEDURES
1) All documents, including pleadings, filed with the Court and all CD
recordings of court proceedings are presumed to be available for public
inspection and/or copying during Court business hours upon request, except as
otherwise provided herein.
2) If any party wishes to seal any document, that party must do so by motion
to the Court with proper notice to all parties. If the Court finds sufficient
cause to seal the document, the Court will direct the Clerk to seal the
document and the document will be placed in a sealed envelope in the Court file.
3) No sealed documents will be accepted for filing without a written court order.
4) Sealed documents will not be available for public inspection or copying.
5) Any person may request that a sealed document be unsealed, but must do so
by motion to the Court with proper notice to all parties.
6) Social security numbers, mental health evaluations, and medical
evaluations pertaining to drug or alcohol dependency shall not be subject to
inspection or copying except where the defendant or defendant's attorney so
requests, or upon Court order after a showing of good cause.
7) Private records: Pursuant to ARLJ 9(b), the following records are deemed
to be "private records" and shall not be subject to inspection or copying
unless they have been admitted into evidence, incorporated into a court
pleading, or are the subject of a stipulation on the record which places them
into public records:
a) Witness statements and police reports;
b) Pre-sentence reports and reports related to compliance with conditions of sentence;
c) Copies of driving records or criminal history records subject to RCW 10.97;
d) Correspondence received by the Court regarding sentencing and compliance
with the terms of probation.
8) Quasi-public records: Pursuant to ARLJ 9(c) and RCW 10.101.020(3), the
following records are deemed to be "quasi-public records" and are not subject
to inspection or copying, but are subject to inspection or copying by the
defendant or the defendant's attorney:
a) Witness statements;
b) Pre-sentence reports and reports related to compliance with conditions of sentence;
c) Copies of driving records or criminal history records subject to RCW 10.97;
d) Correspondence received by the Court regarding sentencing and compliance
with the terms of probation, except when the information is provided on
condition it remain confidential or when a finding of good cause is made for
its confidentiality.
e) Any application submitted in support of a determination of indigency.
9) Copying and other charges: Pursuant to RCW 3.50.100 and RCW 3.62.060, the
following fees shall be collected:
a) The charge for copying documents without a seal is fifty cents per page;
b) The charge for preparing a certified copy of an instrument on file or of
record in the clerk's office is five dollars for the first page or portion of
the first page and one dollar for each additional page or portion of an
additional page;
c) The charge for certifying any document on file or of record in the clerk's
office is five dollars. The charge for authenticating or exemplifying an
instrument is two dollars for each additional seal affixed;
d) The charge for copying a document without a seal or file that is in
electronic format is twenty-five cents per page;
e) The charge for copying electronic recordings of proceedings on compact
discs is ten dollars per disc. The charge for any other records copied to
compact disc shall be twenty dollars per disc;
f) The charge for clerk's services for ex parte orders, performing historical
searches, compiling statistical reports, and conducting exceptional records
searches is twenty dollars per hour or per portion of an hour;
g) For preparing a record for appeal to superior court, a fee of forty
dollars including any costs of tape duplication as governed by the RALJ;
h) There shall be no charge for inspecting any document or CD; and
i) Payment for copies of CDs and documents shall be received before copies
are distributed unless the Clerk, Judge, or Commissioner determines that there
is good cause to waive this requirement;
10) Pursuant to ARLJ 9(e), judicial review of disclosure may be requested by
the prosecutor, defendant, defense attorney, court staff, or any other
interested parties. If such a request is made, the Court may withhold
dissemination of the record until a hearing may reasonably be held. Following
the hearing, the Court may make such restrictive orders as are necessary.
11) To ensure the integrity of court files and property, unless otherwise
authorized in writing by the Judge or Commissioner:
a) All copying of court files and CDs shall be conducted by court staff;
b) Inspection of court files shall take place in the designated court file
viewing area; and
c) The Clerk shall have the discretion to determine the appropriate location
and equipment to be used in reviewing CDs.
Nothing in this rule shall be construed to supersede existing statutes or subsequent amendments thereto.
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