Rule 1:38 And Presumption Of Public Access To Records

Law360, New York (April 29, 2010, 1:19 PM EDT) -- The New Jersey Supreme Court’s revamped Rule 1:38 makes clear that the presumption of public access to court records is alive and well here. As a result, litigants are left to ponder the best approach to protect from public disclosure confidential and proprietary documents produced to an adversary during discovery. To be sure, Rule 4:10-3 provides for the use of a protective order to shield documents exchanged during discovery. But what happens when an adversary attaches a “protected” document to a pleading or motion which makes...
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