Supreme Court of Missouri
en banc
May 23, 2023
Effective May 23, 2023
In re:
Repeal of subdivisions (c), (d), and (e) of subdivision 2.04, entitled "Access to Case Records," of Court Operating Rule 2, entitled "Public Access to Records of the Judicial Department," and in lieu thereof adoption of new subdivisions (c) and (d) of subdivision 2.04, entitled "Access to Case Records."
ORDER
1. It is ordered that, effective May 23, 2023, subdivisions (c), (d), and (e) of subdivision 2.04 of Court Operating Rule 2 be and the same are hereby repealed and new subdivision (c) and (d) of subdivision 2.04 are adopted in lieu thereof to read as follows:
COURT OPERATING RULE 2.04 ACCESS TO CASE RECORDS
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(c) All public documents filed on or after the Expanded Remote Access Implementation Date that are available at a public access terminal shall be available remotely on a schedule approved by the Missouri Court Automation Committee. This remote access shall not occur if it is contrary to an order in a particular case, a statute, or a court rule. This remote access may be temporarily suspended at any time the State Courts Administrator determines that the public demand for documents adversely impacts in any manner the statewide court automation system or court operations. The State Courts Administrator shall notify the Clerk of the Supreme Court and the Court when temporary suspension occurs. Any suspension shall remain in effect until the State Courts Administrator determines that such adverse impact has been appropriately addressed and resolved.
(d) Access to case records as provided by this Court Operating Rule 2.04 shall not be restricted in anticipation of a jury trial without a court order setting forth specific written findings supporting a compelling justification to restrict access.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
4. The state courts administrator shall provide copies of this order to every presiding circuit court judge and circuit clerk and such other persons as the administrator deems appropriate.
Day – to – Day
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PAUL C. WILSON
Chief Justice