All case records are accessible to the public except the following:
Records maintained by a court administrator in accordance with the domestic abuse act, Minnesota Statutes, section 518B.01, until a court order as authorized by subdivision 5 or 7 of section 518B.01 is executed or served upon the record subject who is the respondent to the action.
Records on individuals maintained by a court, other than records that have been admitted into evidence, that are gathered at the request of a court to:
(1) determine an individual's need for counseling, rehabilitation, treatment or assistance with personal conflicts,
(2) assist in assigning an appropriate sentence or other disposition in a case,
(3) provide the court with a recommendation regarding the custody of minor children, or
(4) provide the court with a psychological evaluation of an individual.
Provided, however, that the following information on adult individuals is accessible to the public: name, age, sex, occupation, and the fact that an individual is a parolee, probationer, or participant in a diversion program, and if so, at what location; the offense for which the individual was placed under supervision; the dates supervision began and ended and the duration of supervision; information which was public in a court or other agency which originated the data; arrest and detention orders; orders for parole, probation or participation in a diversion program and the extent to which those conditions have been or are being met; identities of agencies, units within agencies and individuals providing supervision; and the legal basis for any change in supervision and the date, time and locations associated with the change.
All notes and memoranda or drafts thereof prepared by a judge or by a court employed attorney, law clerk, legal assistant or secretary and used in the process of preparing a final decision or order, except the official minutes prepared in accordance with Minnesota Statutes, sections 546.24 and 546.25.
Case records arising from an appeal from juvenile court proceedings that are not open to the public, except the appellate court's written opinion or unless otherwise provided by rule or order of the appellate court.
The contents of completed race census forms obtained from participants in criminal, traffic, juvenile and other matters, and the contents of race data fields in any judicial branch computerized information system, except that:
(1) the records may be disclosed in bulk format if the recipient of the records:
(A) executes a nondisclosure agreement in a form approved by the state court administrator in which the recipient of the records agrees not to disclose to any third party any information in the records from which either the identity of any participant or other characteristic that could uniquely identify any participant is ascertainable; and
(B) obtains an order from the Supreme Court authorizing the disclosure;
(2) A juror's race may be disclosed to the parties or their attorneys as part of the juror profile information unless otherwise provided by law or court rule.
Nothing in this section (e) shall prevent public access to source documents such as complaints or petitions that are otherwise accessible to the public.
Records on genetic information, other than records that have been admitted into evidence in a hearing or trial, that are from medical or scientific professionals, including but not limited to reports and affidavits. For purposes of this rule, "genetic information" means information about a specific human being that is derived from the presence, absence, alteration, or mutation of a gene or genes, or the presence or absence of a specific deoxyribonucleic acid or ribonucleic acid marker or markers, and which has been obtained from an analysis of an individual's biological information or specimen or the biological information or specimen of a person to whom an individual is genetically related.
Case records that are made inaccessible to the public under:
(1) state statutes, other than Minnesota Statutes, chapter 13;
(2) court rules or orders; or
(3) other applicable law.
The state court administrator shall maintain, publish and periodically update a partial list of case records that are not accessible to the public.
Procedures for restricting access to case records shall be as provided in the applicable court rules.
This subdivision governs access to recordings of proceedings in the district court:
Recordings of proceedings in the district court, including without limitation those used as a back-up to a stenographically recorded proceeding or as the electronic recording, are intended to assist in the preparation of a transcript. The transcript, and not the recording, is the official record of the proceedings. Recordings of proceedings in the district court may only be used as authorized in this or other applicable rules or orders promulgated by the Supreme Court.
Any spoken words in the courtroom that are not a part of a proceeding, hearing or trial of a specific case are not intended to be recorded. Recordings of such words may not be listened to or used in any way other than by authorized operators of the recording equipment to orient themselves on recording content.
Playback of any part of the recording of a proceeding, hearing, or trial of a specific case is authorized in only the following situations:
(1) during the proceeding, hearing or trial at the direction of the court;
(2) by authorized operators of the recording equipment or an official court reporter or other authorized reporting service employee for the purpose of creating a transcript as the official record; and
(3) at the direction of the court for the use of the court.
Except as provided in part (c) of this rule, the contents of the recording shall be disseminated by transcript only, which transcript, and not the recording, shall be the official record.
Nothing in this rule shall permit the transcription of conciliation court proceedings, hearings or trials. Playback of any part of the recordings of conciliation court proceeding, hearing or trial is authorized only at the direction of the court for the use of the court.
(Amended effective July 1, 2005; amended effective July 1, 2007; amended effective March 1, 2008.)