7.4Victim Confidentiality Concerns and Court Records

“MCR 8.119 governs a court’s maintenance of court records, the public’s access to those records, and the circumstances under which a court may seal, or perpetually prohibit the public’s access, to those records.” Jenson v Puste, 290 Mich App 338, 342 (2010).¹ 

Court records and confidential files are not subject to requests under Michigan’s Freedom of Information Act (FOIA), as the judicial branch of government is specifically exempted from that act. MCL 15.232(h)(iv); MCL 15.233(1). However, court records are public except as otherwise indicated by law, court rule, or court order. MCR 6.007; MCR 8.119(H)(7).² 

Specifically, MCR 8.119(H)(7) provides that “[u]nless access to a case record or information contained in a record as defined in [MCR 8.119(D)] is restricted by statute, court rule, or an order entered pursuant to [MCR 8.119(I)³], any person may inspect that record and may obtain copies as provided in [MCR 8.119(J)].”⁴ However, public access to documents containing a party’s personal identifying information (PII) is subject to the additional safeguards and conditions outlined in MCR 1.109(D)(9)-(10).⁵ MCR 8.119(H)(3)-(5).

A.Access to Documents Containing a Victim’s Personal Identifying Information

“[P]ersonal identifying information is protected and shall not be included in any public document or attachment filed with the court on or after April 1, 2022, except as provided by [any other court rule].” MCR 1.109(D)(9)(a). Protected personal identifying information for purposes of MCR 8.119 is not the same as the personal identifying information described in the Crime Victim’s Rights Act. See MCR 1.109(D)(9); MCR 8.119; MCL 780.758; MCL 780.788; MCL 780.830. For purposes of the court records and other specified material addressed by MCR 8.119 and MCR 1.109, all of the following are identified as protected PII:⁶

•date of birth,

•social security number or national identification number,

•driver’s license number or state-issued personal identification card number,

•passport number, and

•financial account numbers. MCR 1.109(D)(9)(a)(i)-(v).

For detailed information about the scope of PII and the requirements for accessing it, see MCR 1.109 and MCR 8.119. For a discussion of the court rules addressing protected PII, see the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 1, and Child Protective Proceedings Benchbook, Chapter 21.

B.Preserving Confidentiality of Victim’s Home and Work Addresses and Telephone Numbers and Other Identifying Information

1.Federal Law

Federal law addressing domestic violence and stalking, 18 USC 2261 et seq., prohibits a court from providing certain PPO information over the Internet if it would likely reveal the identity or location of the petitioner.⁷ See 18 USC 2265(d)(3), which states:

“A State, Indian tribe, or territory shall not make available publicly on the Internet any information regarding the registration, filing of a petition for, or issuance of a protection order, restraining order, or injunction in either the issuing or enforcing State, tribal or territorial jurisdiction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State, Indian tribe, or territory may share court-generated and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes. The prohibition under [18 USC 2265(d)(3)] applies to all protection orders for the protection of a person residing within a State, territorial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe.”

See also SCAO Memorandum, Internet Dissemination of Personal Protection Order Information, which addresses the “unintended consequences” of “unknowingly or unintentionally releas[ing] victims’ personally identifiable information through the Internet” as courts become more transparent in “providing online access to circuit court records[.]” The memorandum also informs the courts that 18 USC 2265(d)(3) “prohibits providing information over the Internet about [PPOs] that would be likely to reveal the identity or location of the petitioner . . . .” “[18 USC 2265(d)(3)] affects any online service that allows the viewing of petitions, registers of action, or hearing information that provides identifying information or addresses over the Internet.” SCAO Memorandum, Internet Dissemination of Personal Protection Order Information.

2.Felony Cases

“Records are public except as otherwise indicated in court rule or statute.” MCR 6.007.

In Michigan, crime victims have a constitutional “right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.” Const 1963, art 1, § 24. To protect this right, the Crime Victim’s Rights Act (CVRA) provides that “information and visual representations of a  victim are subject to the following:

(a) The home address, home telephone number, work address, and work telephone number of the victim are exempt from disclosure under the [Freedom of Information Act (FOIA), MCL 15.231-MCL 15.246], unless the address is used to identify the place of the crime.

(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim, are exempt from disclosure under the [FOIA], and, if the picture, photograph, drawing, or other visual representation is from a court proceeding that is made available to the public through streaming on the internet or other means, the picture, photograph, drawing, or visual representation may be blurred.

(c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed is exempt from disclosure under the [FOIA]:

(i) The victim’s name and address.

(ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused.

(iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim’s familial or other relationship to the accused.” MCL 780.758(3).

The provisions in MCL 780.758(3) “do[] not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.” MCL 780.758(4). However, a victim’s address and telephone number being maintained by a sheriff or the department of corrections are exempt from disclosure under Michigan’s FOIA. MCL 780.769(2).

The CVRA also limits access to a victim’s address and phone number from court files:

“The work address and address of the victim must not be in the court file or ordinary court documents unless contained in a transcript of the trial or it is used to identify the place of the crime. The work telephone number and telephone number of the victim must not be in the court file or ordinary court documents except as contained in a transcript of the trial.” MCL 780.758(2).

A prosecutor may motion the court and ask that witnesses not be compelled to testify about a victim’s identifying information:

“Based upon the victim’s reasonable apprehension of acts or threats of physical violence or intimidation by the defendant or at [the] defendant’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move that the victim or any other witness not be compelled to testify at pretrial proceedings or at trial for purposes of identifying the victim as to the victim’s address, place of employment, or other personal identification without the victim’s consent. A hearing on the motion must be in camera.” MCL 780.758(1).

3.Serious Misdemeanor⁸ Cases

In Michigan, crime victims have a constitutional “right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.” Const 1963, art 1, § 24. To protect this right, the CVRA provides that “information and visual representations of a victim are subject to the following:

(a) The home address, home telephone number, work address, and work telephone number of the victim are exempt from disclosure under the [FOIA].

(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim, are exempt from disclosure under the [FOIA], and, if the picture, photograph, drawing, or other visual representation is from a court proceeding that is made available to the public through streaming on the internet or other means, the picture, photograph, drawing, or visual representation may be blurred.

(c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed is exempt from disclosure under the [FOIA]:

(i) The victim’s name and address.

(ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused.

(iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim’s familial or other relationship to the accused.” MCL 780.818(2).

These provisions “do[] not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.” MCL 780.818(3). However, a victim’s address and telephone number maintained by a court or sheriff are exempt from disclosure under Michigan’s FOIA. MCL 780.830.

A prosecutor may motion the court and ask that witnesses not be compelled to testify about a victim’s identifying information:

“Based upon the victim’s reasonable apprehension of acts or threats of physical violence or intimidation by the defendant or at [the] defendant’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move that the victim or any other witness not be compelled to testify at pretrial proceedings or at trial for purposes of identifying the victim as to the victim’s address, place of employment, or other personal identification without the victim’s consent. A hearing on the motion must be in camera.” MCL 780.818(1).

Although a victim’s name, address, and telephone number must appear on certain documents related to the case, these documents “shall not be a matter of public record.” MCL 780.812 (requiring “[a] law enforcement officer investigating a serious misdemeanor involving a victim [to] include with the complaint, appearance ticket, or traffic citation filed with the court a separate written statement including the name, address, and phone number of each victim[, and that] [t]his separate statement shall not be a matter of public record[]”); MCL 780.816(1) (requiring the court to send notice to the prosecuting attorney when a guilty or nolo contendere plea was accepted at arraignment “on a separate form and [to] include [on the notice] the name, address, and telephone number of the victim[, and that] [t]he notice shall not be a matter of public record[]”).

4.Juvenile Offenses

In Michigan, crime victims have a constitutional “right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.” Const 1963, art 1, § 24. To protect this right, the CVRA provides that “information and visual representations of a victim are subject to the following:

(a) The home address, home telephone number, work address, and work telephone number of the victim are exempt from disclosure under the [FOIA].

(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim, are exempt from disclosure under the [FOIA], and, if the picture, photograph, drawing, or other visual representation is from a court proceeding that is made available to the public through streaming on the internet or other means, the picture, photograph, drawing, or visual representation may be blurred.

(c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed is exempt from disclosure under the [FOIA]:

(i) The victim’s name and address.

(ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused.

(iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim’s familial or other relationship to the accused.” MCL 780.788(2).

These provisions “do[] not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.” MCL 780.788(3).

A prosecutor may motion the court and ask that witnesses not be compelled to testify about a victim’s identifying information:

“Based upon the victim’s reasonable apprehension of acts or threats of physical violence or intimidation by the defendant or at [the] defendant’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move that the victim or any other witness not be compelled to testify at pretrial proceedings or at trial for purposes of identifying the victim as to the victim’s address, place of employment, or other personal identification without the victim’s consent. A hearing on the motion must be in camera.” MCL 780.788(1).

Although a victim’s name, address, and telephone number must appear on certain documents related to the case, these documents “shall not be a matter of public record.” MCL 780.784 (requiring “the investigating agency that files a complaint or submits a petition seeking to invoke the court’s jurisdiction for a juvenile offense [to] file with the complaint, or petition a separate written statement listing any known victims of the juvenile offense and their addresses and phone numbers[, and that] [t]his separate statement shall not be a matter of public record[]”).

C.Confidentiality of Records in Juvenile Delinquency Cases

Except as otherwise required by MCR 3.903(A)(21),⁹ all case file records under the Juvenile Code, MCL 712A.1 et seq., are open to the general public, while confidential files “are only open to persons having a legitimate interest.”¹⁰ MCR 3.925(D)(1)-(2). To “determin[e] whether a person has a legitimate interest, the court shall consider the nature of the proceedings, the welfare and safety of the public, the interest of the minor, and any restriction imposed by state or federal law.” MCR 3.925(D)(2).

“Confidential files are defined in MCR 3.903(A)(3) and include the social case file and those records in the legal case file made confidential by statute, court rule, or court order.” MCR 3.925(D)(2). Also included in the definition of confidential file are “records of a case brought before the court under . . . MCL 712A.1 et seq.[,]” which include, but are not limited to, records found in MCR 3.903(A)(3)(a)(i)-(vii). MCR 3.903(A)(3)(a). Under MCR 3.903(A)(3)(b), the contents of a juvenile’s social file, including victim statements, are part of the confidential file. MCR 3.903(A)(3)(b)(vi).

D.Confidentiality of Records in Domestic Relations Cases

1.Friend of the Court Records¹¹

“Friend of the court records are not subject to a subpoena issued under the[] Michigan Court Rules. Unless another rule specifically provides for the protection or release of friend of the court records, this rule governs.” MCR 3.218(A).

The following individuals and entities are entitled to access to nonconfidential friend of the court records:

•a party, third-party custodian, guardian or conservator, guardian ad litem or the minor’s attorney, lawyer-guardian ad litem, any attorney of record, and a party’s personal representative of the estate, MCR 3.218(B)(1);¹²

•“[a]n officer in the Judge Advocate General’s office in any branch of the United States military, if the request is made on behalf of a service member on active duty otherwise identified in this subrule[,]” MCR 3.218(B)(2).¹³

“Unless the release is otherwise prohibited by law, a friend of the court office must provide access to all nonconfidential and confidential records to the following:

(1) Other agencies and individuals as necessary for the friend of the court to implement the state’s plan under Title IV, Part D of the Social Security Act, 42 USC 651 et seq. or as required by the court, state law, or regulation that is consistent with this state’s IV-D plan.

(2) The [DHHS], as necessary to report suspected abuse or neglect or to allow the [DHHS] to investigate or provide services to a party or child in the case.

(3) Other agencies that provide services under Title IV-D, [P]art D of the Social Security Act, 42 USC 651 et seq.

(4) Auditors from state and federal agencies, as required to perform their audit functions with respect to a friend of the court matter.

(5) Corrections, parole, or probation officers, when, in the opinion of the friend of the court, access would assist the office in enforcing a provision of a custody, parenting time, or support order.

(6) Michigan law enforcement personnel who are conducting a civil or criminal investigation related directly to a friend of the court matter, and to federal law enforcement officers pursuant to a federal subpoena in a criminal or civil investigation.”¹⁴ MCR 3.218(C).

“A friend of the court office may refuse to provide access to a record in the friend of the court file if the friend of the court did not create or author the record. On those occasions, the requestor may request access from the person or entity that created the record.” MCR 3.218(E).

Note, however, that the court has the authority to adopt administrative orders under MCR 8.112(B) that contain “reasonable regulations necessary to protect friend of the court records and to prevent excessive and unreasonable interference with the discharge of friend of the court functions.” MCR 3.218(G).

MCR 3.218(F) permits “[a]ny person who is denied access to friend of the court records or confidential information [to] file a motion for an order of access with the judge assigned to the case or, if none, the chief judge.”

2.Information Contained in Case Initiating Document

“The form, captioning, signing, and verifying of documents are prescribed in MCR 1.109(D) and [MCR 1.109](E).” MCR 3.206(A)(1). “Except for matters considered confidential by statute or court rule, in all domestic relations actions, the complaint or other case initiating document must” contain the information listed in MCR 3.206(A)(2). MCR 3.206(A)(2). The filer must complete and file a case inventory listing known pending or resolved family division or tribal court cases involving “family members of the person(s) named in the case initiation document filed under [MCR 3.206(A)(2).]”¹⁵ MCR 3.206(A)(3). See also MCR 1.109(D)(2)(b). “The case inventory is confidential, not subject to service requirements, and is available only to the party that filed it, the filing party’s attorney, the court, and the friend of the court.” MCR 3.206(A)(3).

“In an action involving a minor, or if child support or spousal support is requested, the party seeking relief must provide to the friend of the court a verified statement^[16] containing, at a minimum, personal identifying, financial, and health care coverage information of the parties and minor children. A copy of the Verified Statement must be served on the other party. The Verified Statement must be completed on a form approved by the State Court Administrative Office.”¹⁷ MCR 3.206(C)(1). In addition to a verified statement, each party must submit a verified financial information form as set out in MCR 3.206(C)(2):

“Verified Financial Information Form. Unless waived in writing by the parties, or unless a settlement agreement or consent judgment of divorce or other final order disposing of the case has been signed by both parties at the time of filing, and except as set forth below, each party must serve a Verified Financial Information Form (as provided by SCAO) within 28 days following the date of service of defendant’s initial responsive pleading. If a party is self-represented and his or her address is not disclosed due to domestic violence, the parties’ Verified Financial Information forms will be exchanged at the first scheduled matter involving the parties or in another manner as specified by the court or stipulated to by the parties. A party who is a victim of domestic violence, sexual assault or stalking by another party to the case, may omit any information which might lead to the location of where the victim lives or works, or where a minor child may be found. Failing to provide this Verified Financial Information form may be addressed by the court or by motion consistent with MCR 2.313. The Verified Financial Information form does not preclude other discovery. A proof of service must be filed when Verified Financial Information forms are served.”¹⁸

MCR 3.206(C)(3) provides for the confidentiality of the information required in the verified statement and verified financial information forms:

“The information in the Verified Statement or Verified Financial Information forms is confidential, and is not to be released other than to the court, the parties, or the attorneys for the parties, except on court order. For good cause, the addresses of a party and minors may be omitted^[19] from the copy of the Verified Statement and Verified Financial Information forms that are served on the other party. If a party excludes his or her address for good cause, that party shall either:

(a) submit to electronic filing and electronic service under MCR 1.109(G), or

(b) provide an alternative address where mail can be received.”

See also MCR 3.229(A)(1), which requires that verified statements and disclosure forms under MCR 3.206(B) that have been filed by a party or interested party shall be identified by the party as confidential documents and “shall be served on the other parties in the case and maintained in a nonpublic file in accordance with [MCR 3.229](B),” which provides that “[a]ny item filed and identified under [MCR 3.229](A) is nonpublic and must be maintained separately from the legal file.” “The nonpublic file must be made available for any appellate review.” MCR 3.229(B). However, “[t]he filer waives any claim of confidentiality to any item filed under [MCR 3.229](A) that is not identified by the filer as confidential.” MCR 3.229(B). According to MCR 3.229(A), in addition to verified statements and disclosure forms, other items in domestic relations cases that must be identified as confidential and maintained in a nonpublic file include:

(2) child protective services reports;

(3) psychological evaluations;

(4) custody evaluations;

(5) medical, mental health, and academic records of a minor;

(6) any part of a confidential file under MCR 3.903(A)(3);

(7) any item designated as confidential or nonpublic by statute or court rule; and

(8) any other document which, in the court’s discretion, should not be part of the public record.”

3.Interstate and International Actions

The Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq.,²⁰ governs interstate and international²¹ proceedings to determine parentage of a child or to enforce, establish, or modify support.²² MCL 552.2312 provides for the confidentiality of information required to be disclosed under the UIFSA:

“If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.”²³

The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), MCL 722.1201 et seq., governs conflicts in interstate child custody disputes. MCL 722.1209 provides for the disclosure and protection of information as follows:

•“Subject to the law of [Michigan] providing for confidentiality of procedures, addresses, and other identifying information,”²⁴ MCL 722.1209(1) requires each party in a child-custody proceeding to include certain information “in its first pleading or in an attached sworn statement” as set out under MCL 722.1209(1). See MCR 3.206(B), which requires the filing party to file an UCCJEA Affidavit for a custody or parenting time dispute as required by MCL 722.1209(1).

•MCL 722.1209(5) provides for the confidentiality of information required to be disclosed under the UCCJEA:

“If a party alleges in a sworn statement or a pleading under oath that a party’s or child’s health, safety, or liberty would be put at risk by the disclosure of identifying information, the court shall seal and not disclose that information to the other party or the public unless the court orders the disclosure after a hearing in which the court considers the party’s or child’s health, safety, and liberty and determines that the disclosure is in the interest of justice.”

E.Omitting and Restricting Information in Personal Protection Order (PPO) Cases

1.Omission of Petitioner’s Address in Petition for PPO

MCR 3.703(B)(6) permits a petitioner filing for a PPO to omit from the petition “his or her residence address from the documents filed with the court,” but requires the petitioner to “provide the court with a mailing address.” See also MCL 600.2950(3) and MCL 600.2950a(3), the statutes governing PPOs, which contain substantially similar language. For additional information on PPOs, see Chapter 5.

2.Restricting Access to Child’s Record

MCL 600.2950(1)(i) authorizes the court to issue a PPO that restrains an individual from “[h]aving access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.”

MCL 722.30 provides a noncustodial parent with access to records or information regarding his or her child “unless the parent is prohibited from having access to the records or information by a protective order.” “‘[R]ecords or information’ includes, but is not limited to, medical, dental, and school records, day care provider’s records, and notification of meetings regarding the child’s education.” Id.

See also MCL 380.1137a, which prohibits a “school district, local act school district, public school academy, intermediate school district, or nonpublic school” from releasing certain information protected by a PPO.

3.Restricting Access to Information Over Internet

“Pursuant to 18 USC 2265(d)(3),”²⁵ MCR 3.705(C) prohibits the court “from making available to the public on the Internet any information regarding the registration of, filing of a petition for, or issuance of an order under [MCR 3.705] if such publication would be likely to publicly reveal the identity or location of the party protected under the order.”

4.Respondent’s Information in PPO Submitted By E-Filing

The partially completed personal-protection order a petitioner must submit at the same time as he or she initiates by e-filing a petition for personal protection must include specific information about the respondent. MCR 3.703(A). The partially completed order must be completed “on a form approved by the State Court Administrative Office . . . .” Id. The order prepared by the petitioner, or by a person assisting the petitioner under MCL 600.2950b(4), must include “only the case caption and the known fields with identifying information, including protected personal identifying information [PII] of the respondent[.]” MCR 3.703(A). The petitioner or the person assisting the petitioner must provide “at a minimum the race, sex, and date of birth or age of the respondent . . . for LEIN entry.” Id.

“The personal identifying information form required by MCR 1.109(D)(9)(b)(iii)^[26] shall not be filed under this rule.” MCR 3.703(A).

F.Name Changes

MCL 711.1, MCL 711.2, MCL 711.3, and MCR 3.613 govern the process by which individuals, including survivors of domestic violence, may change their names. MCL 711.1 et seq. (adult or minor name changes).²⁷ 

1.When Published Notice Is Required and Exception to Requirement

MCL 711.1(2) permits the entry of an order to change the name of an individual with or without a hearing. However, “[i]f the court decides to proceed with a hearing, the court shall set a time and place for hearing.” Id. The court must order publication of the notice of the hearing as provided by [MCR 3.613], except as provided in MCL 711.3. MCL 711.1(2). Unless otherwise indicated in MCR 3.613, the notice of a proceeding to change a name must be published in a newspaper in the same county where the action is pending. MCR 3.613(B).

The published notice must include the following information:

•name of petitioner,

•current name of the subject of the petition,

•proposed name, and

•time, date, and place of the hearing. MCR 3.613(B).

“If the court has waived fees under MCR 2.002, it must pay the cost of any ordered publication, including any affidavit fee charged by the publisher or the publisher’s agent for preparing the affidavit pursuant to MCR 2.106(G).” MCR 3.613(B). “Any case record reflecting court payment must be nonpublic.” Id.

Proof of service must satisfy the requirements of MCR 2.106(G)(1). MCR 3.613(B).

2.Published Notice Is Prohibited and Record of Proceedings Is Confidential

MCR 3.613(C) and MCL 711.3(1) address the confidentiality of name change proceedings and when notice of such proceedings must not be published. An individual may petition the court to refrain from publishing notice of a name change proceeding, and the court must, for good cause shown, order that notice not be published and that the record of any such proceeding be confidential. MCR 3.613(C); MCL 711.3(1)(a). MCR 3.613(C) states:

“Good cause includes but is not limited to evidence that publication or availability of a record of the proceeding could place the petitioner or another individual in physical danger or increase the likelihood of such danger, such as evidence that the petitioner or another individual has been the victim of stalking,^[28] domestic violence, human trafficking, harassment, or an assaultive crime, or evidence that publication or the availability of a record of the proceeding could place the petitioner or another individual at risk of unlawful retaliation or discrimination.”

“A petition that shows good cause must state the reason or reasons why the petitioner or the endangered individual fears the publication or availability of the record of the proceeding, and the court must presume that a petition shows good cause if any of the following reasons are included in the statement:

(i) The petitioner or the endangered individual is a victim of an assaultive crime, domestic violence, harassment, human trafficking, or stalking.

(ii) The petitioner or the endangered individual seeks to affirm their gender identity.” MCL 711.3(1)(b).

See also MCR 3.613(C)(1), which contains substantially similar language.“The court shall not require proof of an arrest or prosecution to find that a petition shows good cause.” MCL 711.3(1)(c); MCR 3.613(C)(1).

“A court officer, employee, or agent that divulges, uses, or publishes, beyond the scope of the court officer’s, employee’s, or agent’s duties with the court,  information from a record made confidential under [MCL 711.3] is guilty of a misdemeanor.” MCL 711.3(2). MCL 711.3(3) does not apply to a disclosure under a court order. MCL 711.3(2).

“In cases where the court orders that records are to be confidential and that no publication is to take place, records are to be maintained in a sealed envelope marked confidential and placed in a private file.” MCR 3.613(G). Unless the court orders otherwise, “only the original petitioner may gain access to confidential files, and no information relating to a confidential record, including whether the record exists, shall be accessible to the general public.” Id. Records made confidential under MCL 711.3 are exempt from disclosure under Michigan’s FOIA.²⁹ MCL 711.3(3).

3.Granting or Denying Petition Requesting That Notice Not Be Published

“The court must issue an ex parte order granting or denying a petition requesting nonpublication and confidential record under [MCR 3.613(C)].” MCR 3.613(C)(2).

a.Petition Is Granted

When a court grants a petition for nonpublication, the court must:

•issue a written order, MCR 3.613(C)(3)(a),

•inform the petitioner that the court granted the petition, MCR 3.613(C)(3)(b),

•inform the petitioner of the time, date, and place of the hearing to be held on the requested name change, id., and

•if the subject of the petition is a minor, instruct the petitioner to notify the minor’s noncustodial parent as described in MCR 3.613(E). MCR 3.613(C)(3)(c).³⁰

If the noncustodial parent’s address or whereabouts is unknown and cannot be determined after diligent inquiry, notice given by publication under MCR 3.613(E)(2)(a), or other method that is not directed only to the noncustodial parent, must not include the minor’s existing or proposed name. MCR 3.613(C)(3)(c).

b.Petition Is Denied

When a court denies a petition for nonpublication, the court must:

•issue a written order stating the reasons for denying the petition, MCR 3.613(C)(4), and

•advising the petitioner of the right

—to ask for a hearing about the denial within 14 days after the order of denial was entered, MCR 3.613(C)(4)(a),

—to file a notice of dismissal, MCR 3.613(C)(4)(b), or

—to go ahead with a hearing on the name-change petition under circumstances described in MCR 3.613, MCR 3.613(C)(4)(c).

If a petitioner whose petition for nonpublication was denied wishes to proceed with a hearing on the name-change petition, the petitioner has 14 days after entry of the order denying the petition for nonpublication to submit to the court the proper SCAO-approved form for publication of a notice of name-change hearing.³¹ MCR 3.613(C)(4)(c).

If the petitioner timely submits the form for publishing notice of the name-change hearing, the court must, pursuant to MCR 3.613(B), set a time, date, and place for the hearing and order publication of the information. MCR 3.613(C)(4)(c). “If the court has waived fees under MCR 2.002, it must pay the cost of any ordered publication, including any affidavit fee charged by the publisher or the publisher’s agent for preparing the affidavit pursuant to MCR 2.106(G).” MCR 3.613(B). “Any case record reflecting court payment must be nonpublic.” Id.

A hearing held under MCR 3.613(C)(4)(a) regarding the court’s denial of a petition for nonpublication must be on the record. MCR 3.613(C)(7). A petitioner whose petition for nonpublication was denied and who requests a hearing about the denial under MCR 3.613(C)(4)(a) must attend the hearing. MCR 3.613(C)(8). If the petitioner does not attend the hearing, the court must adjourn the hearing and reschedule it. Id. “If the petitioner fails to attend the rescheduled hearing, the court may adjourn and reschedule, dismiss the petition for name change, or notify the petitioner that it will publish notice of the name change proceeding if the petitioner does not file a notice of dismissal within 14 days from the date of the rescheduled hearing.” Id.

After a hearing held under MCR 3.613(C)(4)(a), the court must provide, on the record, its reasons for granting or denying the petition for nonpublication and enter an appropriate order. MCR 3.613(C)(9).

If the petitioner fails to request a hearing regarding the denial as provided by MCR 3.613(C)(4)(a) within 14 days after the order of denial was entered, the order denying the petition for nonpublication is final. MCR 3.613(C)(5).

If the petitioner fails to request a hearing under MCR 3.613(C)(4)(a) or file a dismissal under MCR 3.613(C)(4)(b) within 14 days after the order denying the petition for nonpublication was entered, “the court may set a time, date, and place of a hearing on the petition for a name change and order publication of notice as provided in [MCR 3.613(B)], and if applicable, [MCR 3.613(E)].” MCR 3.613(C)(6).

If the petition for nonpublication is denied, and the court or the petitioner sets a time, date, and place for a hearing on the name-change petition pursuant to MCR 3.613(C)(4)(c) or MCR 3.613(C)(6), “the court must order that the record is no longer confidential.” MCR 3.613(C)(10).

G.Sealing Records in Cases Involving Domestic Violence Allegations

“When considering a motion to seal court records in a civil or criminal matter[ and] the motion involves an allegation of domestic violence, the court shall consider the safety of any alleged victim or potential victim of the domestic violence.”³² MCL 600.2972(1).

MCR 8.119(I) governs the procedure for sealing court records:

“(1) Except as otherwise provided by statute or court rule, a court may not enter an order that seals courts records, in whole or in part, in any action or proceeding, unless

(a) a party has filed a written motion that identifies the specific interest to be protected,

(b) the court has made a finding of good cause, in writing or on the record, which specifies the grounds for the order, and

(c) there is no less restrictive means to adequately and effectively protect the specific interest asserted.

(2) In determining whether good cause has been shown, the court must consider,

(a) the interests of the parties, including, where there is an allegation of domestic violence, the safety of the alleged or potential victim of the domestic violence, and

(b) the interest of the public.

(3) The court must provide any interested person the opportunity to be heard concerning the sealing of the records.

(4) Materials that are subject to a motion to seal a record in whole or in part must be made nonpublic temporarily pending the court’s disposition of the motion.

(5) For purposes of this rule, ‘court records’ includes all documents and records of any nature that are filed with or maintained by the clerk in connection with the action.

(6) A court may not seal a court order or opinion, including an order or opinion that disposes of a motion to seal the record.

(7) Whenever the court grants a motion to seal a court record, in whole or in part, the court must forward a copy of the order to the Clerk of the Supreme Court and to the State Court Administrative Office.

(8) Nothing in this rule is intended to limit the court’s authority to issue protective orders pursuant to MCR 2.302(C) without a motion to seal or require that a protective order issued under MCR 2.302(C) be filed with the Clerk of the Supreme Court and the State Court Administrative Office. A protective order issued under MCR 2.302(C) may authorize parties to file materials under seal in accordance with the provisions of the protective order without the necessity of filing a motion to seal under this rule.

(9) Any person may file a motion to set aside an order that disposes of a motion to seal the record, to unseal a document filed under seal pursuant to MCR 2.302(C), or an objection to entry of a proposed order. MCR 2.119 governs the proceedings on such a motion or objection. If the court denies a motion to set aside the order or enters the order after objection is filed, the moving or objecting person may file an application for leave to appeal in the same manner as a party to the action. See MCR 8.116(D).”

1.Filing Documents Under Seal

“Public documents may not be filed under seal except when the court has previously entered an order in the case under MCR 2.302(C). However, a document may be made nonpublic temporarily before an order is entered as follows:

(a) A filer may request that a public document be made nonpublic temporarily when filing a motion to seal a document under MCR 8.119(I). As part of the filing, the filer shall provide a proposed order granting the motion to seal and shall identify each document that is to be sealed under the order. The filer shall bear the burden of establishing good cause for sealing the document.

(b) Pending the court’s order, the filer shall serve on all the parties:

(i) copies of the motion to seal and the request to make each document nonpublic temporarily,

(ii) each document to be sealed, and

(iii) the proposed order.

(c) The clerk of the court shall ensure that the documents identified in the motion are made nonpublic pending entry of the order.

(d) Before entering an order sealing a document under this rule, the court shall comply with MCR 8.119(I). On entry of the order on the motion, the clerk shall seal only those documents stated in the court’s order and shall remove the nonpublic status of any of the documents that were not stated in the order.” MCR 1.109(D)(8).

2.Request to Seal a Personal Protection Order (PPO)

The court does not have the authority to seal personal protection orders (PPOs) under MCR 8.119(I)(1). See Jenson v Puste, 290 Mich App 338, 345 (2010), where the Court of Appeals affirmed the lower court’s denial of the defendant’s request for entry of a consent order to seal a PPO under MCR 8.119(I)(1) because “[MCR 8.119(I)(6)³³] specifically prohibits a court from sealing court orders and opinions.” See Chapter 5 for a detailed discussion of PPOs.

3.Access to Sealed Trial Court File During Appeal to Court of Appeals

If a party files an appeal in a case where the trial court sealed the file, the file remains sealed while in the possession of the Court of Appeals. MCR 7.211(C)(9)(a). Any requests to view the sealed filed will be referred to the trial court. Id. 

4.Request to Seal Court of Appeals File

MCR 8.119(I) governs the procedure for sealing a Court of Appeals file. MCR 7.211(C)(9)(c). “Materials that are subject to a motion to seal a Court of Appeals file in whole or in part must be held under seal pending the court’s disposition of the motion.” Id.

H.Access to Case and Court Records³⁴ After Circuit Court Bindover or Remand

1.Municipal or District Court Case and Court Records Become Nonpublic After Bindover to Circuit Court

MCR 8.119(H)(10) provides that “[f]or cases bound over to the circuit court on or after July 2, 2024, all case records and court records maintained by the district or municipal court become nonpublic immediately after entry of the order binding the defendant over to the circuit court.”

However, “[t]he circuit court case record, which includes the records transmitted under MCR 6.110(G), and court records remain accessible as provided by [MCR 8.119].” MCR 8.119(H)(10). Under MCR 6.110(G)(ii), “[i]f an interested party requests a transcript of a district or municipal court proceeding after the case is bound over, the circuit court shall forward that request to the [lower] court for transcription . . . ,” but “only if the circuit court case record is publicly-accessible.”

2.Circuit Court Case and Court Records Become Nonpublic After Remand to the District or Municipal Court

MCR 8.119(H)(10) provides that “[f]or cases bound over to the circuit court and remanded to the district or municipal court on or after July 2, 2024, all case records and court records maintained by the circuit court become nonpublic immediately after entry of the order to remand.”

However, “[t]he district or municipal court case record, which includes the records transmitted under MCR 6.110(J), and court records become accessible after an order to remand as provided by [MCR 8.119].” MCR 8.119(H)(10). Under MCR 6.110(J)(ii), “[i]f an interested party requests a transcript of a circuit court proceeding after the case is remanded, the district or municipal court shall forward that request to the circuit court for transcription . . . ,” but “only if the district or municipal court case record is publicly-accessible.”