Bill Status of HB5596 99th General Assembly
Short Description: CIV PRO-CONFIDENTIALITY ORDERS
Rep. Robert Martwick
|Session Sine Die
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Civil Practice Law of the Code of Civil Procedure. Defines "product liability action" and "confidentiality order". Provides that for good cause shown, a party required to respond to discovery in a product liability action may obtain a confidentiality order. Provides that if the court finds that such a confidentiality order is appropriate, the order shall be narrowly drafted and may permit the subsequent designation of specific confidential materials. Provides that, if a party objects to a designation that limits disclosure or dissemination of materials under a confidentiality order, the party seeking to limit disclosure or dissemination pursuant to a claim of confidentiality must demonstrate, by a preponderance of the evidence, a specific, serious, and substantial interest in confidentiality that outweighs the adverse effect of confidentiality upon the general public health or safety. Provides for appeals of orders denying confidentiality. Provides that the new provisions do not: preclude the use of confidentiality orders to protect trade secrets; apply to laws or regulations safeguarding the confidentiality of medical records; or apply to healthcare services. Contains provisions concerning intervention; prohibited agreements; applicability; and other matters.