An order limiting access shall not be granted except upon a finding that the harm otherwise resulting to the privacy of a person in interest clearly outweighs the public interest.
Rule 21.2.Finding of Harm
Rule 21. LIMITATION OF ACCESS TO COURT FILES · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceBefore a court can limit access to a file, Rule 21.2 requires a specific finding that the harm to a person’s privacy clearly outweighs the public’s interest in access, setting a demanding standard rather than a routine one.
Full Text of Rule 21.2
Plain-English Summary
Rule 21.1 lets a court limit access after a motion and a hearing, but Rule 21.2 makes sure that power is not used lightly. Before granting any limitation, the court must find that the harm to the privacy of a person in interest clearly outweighs the public interest in access.
Notice the word “clearly.” The standard is not a close call or a modest edge toward privacy — the harm has to outweigh the public’s interest by a clear margin before a judge can restrict what would otherwise be an open file. That framing keeps the presumption of openness set out in Rule 21 as the real starting point, with sealing reserved for cases where the privacy harm is substantial and clear.
Frequently Asked Questions
What must a court find before granting an order limiting access to a court file?
That the harm otherwise resulting to the privacy of a person in interest clearly outweighs the public interest.
Is a slight privacy concern enough to justify limiting access under Rule 21.2?
No, the rule requires the harm to privacy to clearly outweigh the public interest, a demanding standard rather than a marginal one.
Whose privacy does Rule 21.2 protect?
The privacy of a person in interest in the case.
What competing interest does the court weigh against privacy harm?
The public interest in access to the court file.
Does Rule 21.2 apply automatically, or must the court make an express finding?
The court must make a finding, on the record, that the privacy harm clearly outweighs the public interest before an order limiting access can be granted.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: Georgia finding of harm seal court recordsUSCR 21.2privacy versus public interest court file Georgiastandard for sealing court records GeorgiaRule 21.2 Georgia Uniform Superior Court Rules