Access to Federal Court Proceedings

Federal Criminal Proceedings

Trial Proceedings

As a member of the public, you have a right to attend criminal trials. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearings, the jury selection process, and sentencing and plea procedures.

However, like the general public, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury, or because a child is testifying, and the presence of the public would cause substantial psychological harm to the child or would result in the child’s inability to effectively communicate.

If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).

Grand Jury Proceedings

You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Federal Rule of Criminal Procedure 6(d); see also Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 8-9 (1986).

However, you can speak with witnesses who appear before the grand jury, at least about their own testimony. See Butterworth v. Smith, 494 U.S. 624, 635-36 (1990). Note that witnesses are generally precluded from disclosing the testimony of other witnesses.

Other Proceedings and Conferences

In addition to grand jury proceedings, there are a few other court proceedings and conferences traditionally have been closed to the public. These include “side-bar” or “in-chambers” conferences between counsel and the judge, and plea-bargaining sessions between between the prosecutor and the defendant.

Juvenile Court Proceedings

You may be able to attend criminal juvenile proceedings in federal court. Federal juvenile proceedings, unlike those in many state courts, are not completely closed by law. The court weighs the interests of the juvenile and the public on a case-by-case basis. See United States v. A.D., 28 F.3d 1353, 1361-62 (3d Cir. 1994). However, you should be aware that closure is still the norm in these cases.

Federal Civil Courts

You also have a right to attend civil trials. See Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984). Judges in civil courts may close the courtroom to the public only to serve specific interests that override the public's interest in access, and they only may do so if the closure is narrowly tailored to protect those interests. For example, you may be excluded from a courtroom if confidential commercial information, like a trade secret, would be revealed.

Additionally, some elements of the civil judicial system traditionally have been closed to the public. These include “side-bar” or “in-chambers” conferences between counsel and the judge, and settlement or other arbitration meetings between the parties. In addition, pretrial depositions are not public.

Bankruptcy Court

You should be able to attend most bankruptcy court proceedings. The judge may close the courtroom to the public only if a party seeking to close the proceeding has an overriding interest, such as the protection of trade secret information, that is likely to prejudiced and the closure is narrowly tailored to protect that interest.

Other Federal Courts

Court of International Trade

You should be able to attend trials on the merits. See Rule 77(b). Other proceedings may be conducted by the judge in his or her chambers; the public would normally be excluded from these proceedings.

Federal Court Records

You can inspect and copy judicial records and documents filed in federal court. See Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978). However, your right of access is not absolute, and court documents may be sealed or the records may otherwise be restricted by the law (for example, to protect personal privacy or trade secrets).

Documents related to cases are generally collected in a case file. A case file includes the documents filed by the litigants or issued by the judge, a docket sheet that lists such filings, and transcripts of court proceedings. However, a case file does not include other documents associated with a case, such as materials uncovered through discovery but not filed with the court, trial exhibits that were not admitted into evidence, and notes written by the judge or other court personnel.

Online Access to Court Records

You can use Public Access to Court Electronic Records (PACER), an electronic filing system, to access federal court documents. As a member of the public, you can access case and docket information from Federal Appellate, District, and Bankruptcy courts via the Internet. PACER has a relatively complicated, page-based fee system that is described in detail on Overview and FAQ pages.

Using PACER, you can access the following case file documents:

• The names of all the parties and participants, including judges, attorneys, and trustees
• A compilation of case-related information, such as cause of action, nature of suit, and dollar demand
• The docket listing the case events by date
• A claims registry
• A listing of new cases each day
• Appellate court opinions
• Judgments or case status
• Types of documents filed for certain cases
• Images of documents

Although PACER allows you to access the above information from all federal courts, each court maintains its own database. If you have questions about the availability of certain documents, you will need to contact the specific federal court for more information.

Grounds for Denial

You may be denied access to a court record for a variety of reasons, including data availability, lack of specificity in your request, and the potential for invasion of privacy due to personal or highly sensitive information. Additionally, courts may seal criminal records when disclosure would threaten the defendant's right to a fair trial.

Your Remedies if You Are Denied Access

You have several options available if your request for access to court records is denied. First, understand the specific grounds for denial. If the denial was based on insufficient information about the documents, restructure your request by including the information necessary to locate the records. If the denial was based on privacy issues, ask whether the records can be made available after personal data has been redacted.

If the denial was based on a judicial order sealing the records, you may contest the court order. In order to do so, you will need legal assistance in filing an opposition to the court's order and requesting a hearing to open the sealed records. Additionally, the First Amendment Project has a series of steps to follow when you are faced with closed records.