Public Access to Court Documents: Preparing for the Pilot
The open documents pilot in commercial courts marks a significant step towards transparency, but several tactical and procedural questions remain unanswered.
Parties will have the opportunity to limit the publication of certain documents or information within them, which will be addressed with the judge during the hearing.
Through a mechanism known as filing modification orders (FMOs), parties can remove or redact sensitive information. FMOs can be made by the court or sought by any party or non-party named in a Public Domain Document.
The goal of the pilot is not only to increase transparency in commercial litigation but also to potentially expand these measures to other courts in the future.
The intention is that this will be addressed with the judge at the hearing.
Author's summary: Pilot increases transparency in commercial courts.