Cal. Rules of Court, rule 2.550 · Chapter 3. Sealed Records
Sealed records
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Application
(1) Rules 2.550-2.551 apply to records sealed or proposed to be sealed by court order.
(2) These rules do not apply to records that are required to be kept confidential by law.
(3) These rules do not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings. However, the rules do apply to discovery materials that are used at trial or submitted as a basis for adjudication of matters other than discovery motions or proceedings.
(b) Definitions
As used in this chapter:
(1) "Record." Unless the context indicates otherwise, "record" means all or a portion of any document, paper, exhibit, transcript, or other thing filed or lodged with the court, by electronic means or otherwise.
(2) "Sealed." A "sealed" record is a record that by court order is not open to inspection by the public.
(3) "Lodged." A "lodged" record is a record that is temporarily placed or deposited with the court, but not filed.
(c) Court records presumed to be open
Unless confidentiality is required by law, court records are presumed to be open.
(d) Express factual findings required to seal records
The court may order that a record be filed under seal only if it expressly finds facts that establish:
(1) There exists an overriding interest that overcomes the right of public access to the record;
(2) The overriding interest supports sealing the record;
(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;
(4) The proposed sealing is narrowly tailored; and
(5) No less restrictive means exist to achieve the overriding interest.
(e) Content and scope of the order
(1) An order sealing the record must:
(A) Specifically state the facts that support the findings; and
(B) Direct the sealing of only those documents and pages, or, if reasonably practicable, portions of those documents and pages, that contain the material that needs to be placed under seal. All other portions of each document or page must be included in the public file.
(2) Consistent with Code of Civil Procedure sections 639 and 645.1, if the records that a party is requesting be placed under seal are voluminous, the court may appoint a referee and fix and allocate the referee's fees among the parties.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2007.)
(Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2007.)
(Subd (d) amended effective January 1, 2004.)
(Subd (e) amended effective January 1, 2007; previously amended effective January 1, 2004.)
Rule 2.550 amended effective January 1, 2016; adopted as rule 243.1 effective January 1, 2001; previously amended effective January 1, 2004; previously amended and renumbered as rule 2.550 effective January 1, 2007.
Advisory Committee Comment
This rule and rule 2.551 provide a standard and procedures for courts to use when a request is made to seal a record. The standard is based on NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178. These rules apply to civil and criminal cases. They recognize the First Amendment right of access to documents used at trial or as a basis of adjudication. The rules do not apply to records that courts must keep confidential by law. Examples of confidential records to which public access is restricted by law are records of the family conciliation court (Family Code, § 1818(b)), in forma pauperis applications (Cal. Rules of Court, rules 3.54 and 8.26), and search warrant affidavits sealed under People v. Hobbs (1994) 7 Cal.4th 948. The sealed records rules also do not apply to discovery proceedings, motions, and materials that are not used at trial or submitted to the court as a basis for adjudication. (See NBC Subsidiary, supra, 20 Cal.4th at pp. 1208-1209, fn. 25.)
Rule 2.550(d)-(e) is derived from NBC Subsidiary. That decision contains the requirements that the court, before closing a hearing or sealing a transcript, must find an "overriding interest" that supports the closure or sealing, and must make certain express findings. (Id. at pp. 1217-1218.) The decision notes that the First Amendment right of access applies to records filed in both civil and criminal cases as a basis for adjudication. (Id. at pp. 1208-1209, fn. 25.) Thus, the NBC Subsidiary test applies to the sealing of records.
NBC Subsidiary provides examples of various interests that courts have acknowledged may constitute "overriding interests." (See id. at p. 1222, fn. 46.) Courts have found that, under appropriate circumstances, various statutory privileges, trade secrets, and privacy interests, when properly asserted and not waived, may constitute "overriding interests." The rules do not attempt to define what may constitute an "overriding interest," but leave this to case law.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/two/rule2_550
- Text hash
- sha256 efcf3674074b96afae7464cde9008410993092df6f6c5c40d8de6aaa8cb28867
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
BenchPath cards that rely on this text
- Department 68 Policies and Procedures — Hon. Terrie E. Roberts (Central – Hall of Justice; revised July 2026)
- Fresno County Superior Court Local Rules (effective July 1, 2026) — Chapter 4: Miscellaneous Rules
- San Francisco County Superior Court — E-Filing Special Instructions
- Santa Clara County Superior Court Local Rules (effective July 1, 2026) — Criminal Rules
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
Cited by 13 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 2.550. Each shows the citation as that text prints it.
California Rules of Court
- Cal. Rules of Court, rule 2.551Procedures for filing records under sealPrinted as rule 2.550(c)
- Cal. Rules of Court, rule 2.570Filing False Claims Act records under sealPrinted as rules 2.550-2.551
- Cal. Rules of Court, rule 2.835Motions or applications to be heard by the courtPrinted as Rules 2.550-2.551
- Cal. Rules of Court, rule 3.932Motions or applications to be heard by the courtPrinted as Rules 2.550 and 2.551
- Cal. Rules of Court, rule 3.2300Review under Penal Code section 186.35 of law enforcement agency denial of request to remove name from shared gang databasePrinted as rules 2.550 and 2.551
- Cal. Rules of Court, rule 4.571Filing of petition in the superior courtPrinted as rules 2.550 and 2.551
- Cal. Rules of Court, rule 7.2210General provisionsPrinted as Rules 2.550 and 2.551
- Cal. Rules of Court, rule 8.45General provisionsPrinted as rules 2.550-2.551 | rules 2.550-2.551 or 8.46
- Cal. Rules of Court, rule 8.46Sealed recordsPrinted as rule 2.550(c) | rule 2.550(d) | rules 2.550-2.551
- Cal. Rules of Court, rule 8.47Confidential recordsPrinted as rules 2.550-2.551
- Cal. Rules of Court, rule 8.622Certifying the trial record for accuracyPrinted as rule 2.550(d)
- Cal. Rules of Court, rule 8.819Sealed recordsPrinted as rules 2.550-2.551
California Standards of Judicial Administration
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.