Thank you. On this website, I do not always get to give good news, and this is one of these times.
It sounds like you filed a version of motion to seal otherwise known as motion for non-disclosure in some jurisdictions.
Essentially, there is NO RIGHT to have civil cases sealed. The Court will do so if it feels that the embarrassment and privacy overrides the public's right to open court records. This is VERY hard to prove and most requests are denied. Many courts take the standard that one cannot seal this unless fraud is indeed proven.
What does this mean in MA?
A fraud on the court occurs where . . . a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier or unfairly hampering the presentation of the opposing party’s claim or defense . . . . That a plaintiff presents a claim that fails does not mean that she has perpetrated a fraud on the court” (citation omitted). Smith v. Jones, 67 Mass. App. Ct. 129, 137-138, 852 N.E.2d 670, 678 (2006). A fraud on the court requires “the most egregious conduct involving a corruption of the judicial process itself.” Sahin v. Sahin, 435 Mass. 396, 406 (2001). Perjury alone does not constitute a fraud on the court absent evidence that “the judicial process itself was corrupted.” Wojcicki v. Caragher, 447 Mass. 200, 210 (2006). *
If the Judge did not believe that this reaches those levels, then the motion may be denied. I am sorry.
Now, someone in your situation does have the right to file a suit against her for defamation, intentional infliction of emotional distress, malicious prosecution, and/or abuse of process - for filing a false civil proceeding. We can discuss this if you'd like. Reply and let me know.
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