Although the law varies from state to state, most documents filed with a court—as well as settlement agreements and discovery documents that are not filed with the court in which the lawsuit is pending—are court records, and are presumed open to the public.
In Texas, the principle of open courts is a part of the state's constitution, which generally presumes that court records are accessible to the public. This includes documents filed with a court, such as pleadings, motions, and orders. However, certain records may be sealed or redacted to protect privacy or confidentiality, such as in cases involving minors, sensitive personal information, or trade secrets. Settlement agreements that are not filed with the court may not be considered court records and thus may not be automatically accessible to the public. Discovery documents, which are exchanged between parties during litigation but not necessarily filed with the court, may also not be accessible to the public unless they are entered into the court record. Texas Rule of Civil Procedure 76a specifically governs the sealing of court records and provides a process for challenging the sealing of documents to ensure the balance between public access and privacy interests.
