Part 1 · Public Access to Court Records and Administrative Records

Rule 1:38-2. Definition of Court Records

Amended July 16, 2009 (current)

(a) Court record includes:

(1) any information maintained by a court in any form in connection with a case or judicial proceeding, including but not limited to pleadings, motions, briefs and their respective attachments, evidentiary exhibits, indices, calendars, and dockets;

(2) any order, judgment, opinion, or decree related to a judicial proceeding;

(3) any official transcript or recording of a public judicial proceeding, in any form;

(4) any information in a computerized case management system created or prepared by the court in connection with a case or judicial proceeding;

(5) any record made or maintained by a Surrogate as a judicial officer.

(b) Court record does not include:

(1) information gathered, maintained or stored by a governmental agency or other entity to which the court has access but which is not part of the court record as defined by this rule;

(2) unfiled discovery materials in any action.