Proposed Rule of Civil Procedure on Confidentiality Orders

Discovery

The Committee on Court Rules has proposed to the Supreme Court of Texas a new Rule 76b governing confidentiality orders. Download a copy of the rule proposal here: Rule 76b Proposal.

The proposed rule provides a formal basis for confidentiality orders in Texas state court, brings confidentiality orders into harmony with Rule 76a (the rule that governs sealing of court records), and includes a form confidentiality order that is likely to be the default for Texas cases in the future.

This post contains my comments on and exposition of the proposed rule. These are the views of only one member of the committee; the full committee may not share these views, and they are not part of the formal rule proposal. We would welcome any comments from the public or members of the bar.

RULE 76b. Confidentiality Orders

1. Motion for Confidentiality Order. Any party may move for…

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