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2014 California Rules of Court

Rule 8.401. Confidentiality

(a) References to juveniles or relatives in documents

To protect the anonymity of juveniles involved in juvenile court proceedings:

(1)In all documents filed by the parties in proceedings under this chapter, a juvenile must be referred to by first name and last initial; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the initials of the juvenile may be used.

(2)In opinions that are not certified for publication and in court orders, a juvenile may be referred to either by first name and last initial or by his or her initials. In opinions that are certified for publication in proceedings under this chapter, a juvenile must be referred to by first name and last initial; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the initials of the juvenile may be used.

(3)In all documents filed by the parties and in all court orders and opinions in proceedings under this chapter, if use of the full name of a juvenile's relative would defeat the objective of anonymity for the juvenile, the relative must be referred to by first name and last initial; but if the first name is unusual or other circumstances would defeat the objective of anonymity for the juvenile, the initials of the relative may be used.

(Subd (a) adopted effective January 1, 2012.)

(b) Access to filed documents

(1)Except as provided in (2)-(3), the record on appeal and documents filed by the parties in proceedings under this chapter may be inspected only by the reviewing court and appellate project personnel, the parties or their attorneys, and other persons the court may designate.

(2)Filed documents that protect anonymity as required by (a) may be inspected by any person or entity that is considering filing an amicus curiae brief.

(3)Access to records that are sealed or confidential under authority other than Welfare and Institutions Code section 827 is governed by rules 8.45-8.47 and the applicable statute, rule, sealing order, or other authority.

(Subd (b) amended effective January 1, 2014; adopted as subd (a); previously amended and relettered effective January 1, 2012.)

(c) Access to oral argument

The court may limit or prohibit public admittance to oral argument.

(Subd (c) relettered effective January 1, 2012; adopted as subd (b).)

Rule 8.401 amended effective January 1, 2014; adopted effective July 1, 2010; previously amended effective January 1, 2012.

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