ARE THERE SPECIFIC STATE STATUTES THAT DETERMINE WHETHER A COURT RECORD OR HEARING OR TRIAL IS CONFIDENTIAL?
Yes. There are specific statutes which determine whether a specific type of court record, case, or hearing or trial is confidential. You are responsible for making sure that you follow all statutes that give specific requirements for confidentiality. Some of these statutes are listed below: a. Parental Rights Based Upon Abuse or Neglect of the Child. These types of cases are brought under Title 41 Chapter 3 of the Montana Code Annotated. Court records in these actions are confidential and not available to the public, unless the court “finds disclosure to be necessary for the fair resolution of the issue before it.” § 41-3-205, MCA. b. Involuntary Commitment Proceedings. Court records are to be kept separate by the Court Clerk. If an individual has been involuntarily committed, the records must be sealed five days prior to the individual’s release. The Court will only allow access to a sealed record in this case for good cause shown. § 53-21-103, MCA. c. Formal Youth Court Records. Cour
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