In my limited experience and understanding, I would think any information pertaining to the case that is possible evidence would be presented to the court in order to determine the most appropriate verdict. So why seal documents if they could heavily impact the verdict? Isn’t that like saying “Hey, the defendants gun was recovered, but we’re going to set that fact aside, and you can’t use that against him.”
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*Isn’t that like saying “Hey, the defendants gun was recovered, but we’re going to set that fact aside, and you can’t use that against him.”* No, that’s not how it works. Nothing is ‘set aside’ within the proceedings, it just may not be made common knowledge.
In my experience, documents that are sealed to the **public** does not mean they are not considered by the court.
These can be medical records, or confidential business records, or victim statements, or a whole host of other significant information. The parties file motions with the court to argue whether some docs should be kept private (within the action), and the court decides what docs (if any of them) are kept confidential.
Just because they are not part of the public record does not mean they are not part of the action.
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