Rule 17.Sealing, Redacting, and Unsealing Court Records
Part I. General Administration · Last amended January 1, 2019 · Last verified September 4, 2026
Full Text of Rule 17
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019.
Editors' Notes
COMMENT TO 2019 AMENDMENT
This rule uses the adjective “overriding interest” to conform to the court's use in State v. Tucker, 231 Ariz. 125 (App. 2012), and Rule 5.4 of the Arizona Rules of Civil Procedure.
Plain-English Summary
Rule 17 is where Rule 13's presumption of openness is applied to documents, and the burden is deliberately heavy.
The request
Any person may move to seal a record or to file a redacted one, and the court may do either on its own. The title of the motion must disclose that it seeks sealing or redaction — the request cannot be buried inside a differently-titled filing. It is served on all parties. The court may hold a hearing but is not required to.
Five findings
The court may seal or redact provided it enters written findings of fact and conclusions that the specific sealing or redaction is justified. The conclusions must include all five of:
- an overriding interest that overcomes the right of public access;
- that the overriding interest supports sealing or redaction;
- a substantial probability that the interest will be prejudiced if the record is not sealed or redacted;
- the proposal is narrowly tailored; and
- no less restrictive means exist to achieve the interest.
The Editors' Note records that "overriding interest" was chosen to conform to the court's usage in Arizona case law and to Rule 5.4 of the Arizona Rules of Civil Procedure — one of the places where Rule 1(c)'s "substantially the same language" provision does real work.
Access and unsealing
Sealed records may be examined by judicial officers. Public access comes only after a court order under this rule.
A sealed record is unsealed only on stipulation of all parties, on the court's own motion, or on motion by a party or another person — served on all parties. Where the movant cannot locate a party after a good faith effort, they may file an affidavit setting out the efforts and ask the court to waive service, which the court may do on finding that further efforts are unlikely to succeed.
A party opposing unsealing must demonstrate why the motion should not be granted, showing that overriding circumstances continue to exist or that other grounds justify keeping the record sealed. The burden sits with the party seeking continued secrecy, both at sealing and at unsealing.
Frequently Asked Questions
How do I get a court record sealed?
By written motion whose title discloses that it seeks sealing or redaction, served on all parties. Rule 17(c) requires the court to enter written findings of fact and conclusions that the specific sealing or redaction is justified, covering all five conclusions the rule lists.
What findings does the court have to make?
That an overriding interest overcomes the right of public access; that the interest supports sealing or redaction; that a substantial probability exists that the interest will be prejudiced if the record is not sealed or redacted; that the proposal is narrowly tailored; and that no less restrictive means exist.
Who can see a sealed record?
Rule 17(d) allows judicial officers to examine sealed court records. Access by the public is allowed only after entry of a court order in accordance with the rule.
How is a record unsealed?
Rule 17(e) allows unsealing only on stipulation of all the parties, on the court's own motion, or on a motion filed by a party or another person, served on all parties.
What if I cannot find a party to serve the motion?
Rule 17(e) allows the movant to file an affidavit setting forth the efforts to locate the party and requesting waiver of the service requirement. The court may waive it on finding that further good faith efforts are not likely to be successful.
Who has the burden on a motion to unseal?
Rule 17(f) puts it on the party opposing unsealing, who must demonstrate why the motion should not be granted by showing that overriding circumstances continue to exist or that other grounds provide a sufficient basis for keeping the record sealed.