the public from any portion of a proceeding shall be effective
Connecticut Practice Book
Rule: 11-20A
Jurisdiction: CT
Bluebook Citation: Conn. P.B. 11-20A
until seventy-two hours after it has been issued. Any person affected by such order shall have the right to the review of such order by the filing of a petition for review with the Appellate Court within seventy-two hours from the issuance of such order. The timely filing of any petition for review shall stay such order. ‘‘(e) With the exception of orders concerning the confidenti- ality of records and other papers, issued pursuant to General Statutes § 46b-11 or any other provision of the General Stat- utes under which the court is authorized to seal or limit the disclosure of files, affidavits, documents or other materials, whether at a pretrial or trial stage, any person affected by a court order that seals or limits the disclosure of any files, documents or other materials on file with the court or filed in connection with a court proceeding, shall have the right to the review of such order by the filing of a petition for review with the Appellate Court within seventy-two hours from the issuance of such order. Nothing under this subsection shall operate as a stay of such sealing order. ‘‘(f) The provisions of this section shall not apply to settle- ment agreements which have not been incorporated into a judgment of the court.’’ COMMENTARY—2003: The public and press enjoy a right of access to attend trials in civil as well as criminal cases. Westmoreland v. Columbia Broadcasting System, Inc., 752 F.2d 16, 22 (2d Cir. 1984); Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1071 (3d Cir. 1984). This right is implicit in the first and fourteenth amendments. Westmoreland v. Columbia Broadcasting System, Inc., supra, 21. In civil cases, public access to trials ‘‘enhances the quality and safeguards the integrity of the factfinding process . . . fosters an appearance of fairness . . . and heightens public respect for the judicial process . . . while permitting the public to participate in and serve as a check upon the judicial process—an essential com- ponent in our structure of self government . . . .’’ (Citations omitted; internal quotation marks omitted.) Id., 23. For a further discussion of court closure, see the Commen- tary to Section 42-49. Because this section no longer deals with the sealing of documents, subsections (e) and (f) have been transferred, with revisions, to Section 11-20A. HISTORY—2005: Prior to 2005, the third sentence of sub- section (d) read: ‘‘The time, date and scope of any such order shall be in writing and shall be signed by the judicial authority and be entered by the court clerk in the court file.’’ COMMENTARY—2005: As used in subsection (a) above, the words ‘‘Except as otherwise provided by law’’ are intended to exempt from the operation of this rule all established proce- dures for the closure of courtroom proceedings as required or permitted by statute; e.g., General Statutes §§ 19a-583 (a) (10) (D) (pertaining to court proceedings as to disclosure of confidential HIV-related information), 36a-21 (b) (pertaining to court proceedings at which certain records of the Department of Banking are disclosed), 46b-11 (pertaining to hearings in family relations matters), 54-86c (b) (pertaining to the disclo- sure of exculpatory information or material), 54-86f (pertaining to the admissibility of evidence of sexual conduct) and 54-86g (pertaining to the testimony of a victim of child abuse); other rules of practice; e.g., Practice Book Section 40-43; and/or controlling state or federal case law. The above amendment to subsection (d) establishes a mechanism by which the public and the press, who are empow- ered by this rule to object to pending motions to close the courtroom in civil matters, will receive timely notice of the court’s disposition of such motions. General Statutes § 51- 164x (a) gives any person affected by a court closure order in a civil action the right to the review of such order by filing a petition for review with the Appellate Court within seventy- two hours from the issuance of the order. HISTORY—2012: In 2012, in beginning of the fifth sentence of subsection (e), ‘‘notice of such motion being placed on’’ was substituted for ‘‘copy of,’’ before ‘‘the short calendar.’’ Also, in that same sentence, ‘‘page containing the aforesaid section’’ was deleted, after ‘‘short calendar.’’ above amendment COMMENTARY—2012: The is intended to provide for the electronic filing and processing of documents and orders, and the maintenance of court records, where the present terminology, filing requirements or pro- cesses that are applicable in a paper environment result in confusion or redundancy when applied to an electronic envi- ronment.
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