Court Rules

Marion Superior Court Sealing & Redaction Procedures

12 rules from official source documents

Procedures for filing sealed or redacted documents, including required motions and formats. This page is scoped to Marion Superior Court; use the court rules overview to switch categories without leaving this court.

The court may seal a guardianship inventory or its supplement or amendment after written application and a noticed hearing; sealed material cannot be opened without a further order, notice, and hearing, and subsequent inventories must recapitate prior inventories.

410.3 Inventory Sealed. ] Upon written application by the guardian, and only after a hearing conducted under Administrative Rule 9(H) upon notice to all interested persons, the Court may, in its discretion, order an inventory, or any supplement or amendment to it, to be sealed. If so ordered, it may not be opened without an order of the Court, after notice to the guardian and an opportunity for hearing. In the event a supplement or an amendment to an inventory is filed, all such subsequent inventories must contain a recapitulation of prior inventories.

Court-level rulesCRITICALOfficial source

The Court may seal an inventory or its supplement or amendment after written application and a noticed hearing, but the sealed material may not be opened without a further court order, notice, and hearing; later inventories must recapitate prior inventories.

408.3 Inventory Sealed. Upon written application by the personal representative, and only after a hearing conducted under Administrative Rule 9(H) upon notice to all interested persons, the Court may, in its discretion, order an inventory, or any supplement or amendment to it, to be sealed. If so ordered, it may not be opened without an order of the Court, after notice to the personal representative and an opportunity for hearing. In the event a supplement or an amendment to an inventory is filed, all such subsequent inventories must contain a recapitulation of prior inventories.

Court-level rulesCRITICALOfficial source

The decedent’s social security number must be redacted from copies attached to or filed with the report.

The personal representative must block out the decedent’s social security number on the copies that are attached to or filed with the Report under this MSCPR 411.5.

Court-level rulesCRITICALOfficial source

When an inheritance tax exemption affidavit is filed, the decedent’s social security number must be redacted from it.

A copy of an inheritance tax exemption affidavit described in I.C. §6-4.1-4-0.5 may be filed with the Court, provided that the decedent’s social security number is redacted from the affidavit, and the filer of a petition under I.C. §6-4.1-5-7 may cite and rely on that filed affidavit.

Court-level rulesCRITICALOfficial source

Supporting documentation must not be attached to the court-filed Financial Declaration Form unless it is redacted as necessary to comply with Indiana Trial Rule 5(G).

Such supporting documentation shall not be attached to the Financial Declaration filed with the court, or , if attached, shall have all information redacted as necessary to comply with Indiana Trial Rule 5 (G).

Court-level rulesCRITICALOfficial source

In extraordinary circumstances involving law-enforcement recordings, a party seeking to seal or exclude material must file a written request, provide notice, obtain a hearing, and maintain confidentiality pending the court’s ruling.

In extraordinary circumstances, either party may seek to seal or exclude otherwise disclosable materials from public access. A party must file a written request with the court after which notice will be provided and a hearing will be held in accordance with the processes found in A.C.R. Rules 6(C)-(D) or Indiana Code section 5-14-3-5.5. The material shall be treated as confidential from the time of the filing or tendering until the court rules on the request.

Court-level rulesCRITICALOfficial source

In extraordinary circumstances involving electronic-device and social-media records, a party seeking to seal or exclude material must file a written request, provide notice, obtain a hearing, and maintain confidentiality pending the court’s ruling.

In extraordinary circumstances, either party may seek to seal or exclude otherwise disclosable materials from public access. A party must file a written request with the court after which notice will be provided and a hearing will be held in accordance with processes found in A.C.R. Rules 6(C)-(D) or Indiana Code section 5-14-3-5.5. The material shall be treated as confidential from the time of the filing or tendering until the court rules on the request.

Court-level rulesCRITICALOfficial source

Each redaction must be clearly identified on the document, state the redaction and its basis, and be reflected in metadata identifying both the presence of redactions and their basis.

The redaction shall be clearly indicated on the face of the document, with each redacted portion of the document stating that it has been redacted and the basis for the redaction, and a metadata field shall indicate that the document contains redactions and the basis for the redaction (e.g., “A/C Privilege”).

Judge A. Richard M. BlaiklockCRITICAL

For responsive non-privileged documents containing redactions, the parties must produce all unredacted content and corresponding text or OCR.

Where a responsive and non-privileged document contains both redacted and non-redacted content, the parties shall produce the remainder of the non-redacted portions of the document and the text/OCR corresponding to the non-redacted portions.

Judge A. Richard M. BlaiklockCRITICAL

Redactions must be clearly marked on the document, identify the redaction basis, and be recorded in a metadata field.

The redaction shall be clearly indicated on the face of the document, with each redacted portion of the document stating that it has been redacted and the basis for the redaction, and a metadata field shall indicate that the document contains redactions and the basis for the redaction (e.g., “A/C Privilege”).

Judge A. Richard M. BlaiklockCRITICAL

Requests to seal information from public access must comply with Access to Court Records Rule 6.

Requests to seal information from public access must conform with Access to Court Records Rule 6.

Judge A. Richard M. BlaiklockCRITICAL

Permitted redactions include privacy, privilege, unrelated material, confidentiality, and other categories agreed to by the parties.

The parties agree to the use of the following redactions: privacy, privilege, unrelated to subject matter, confidentiality, and any other per agreement of the parties.

Judge A. Richard M. BlaiklockWARNING
Common questions about Marion Superior Court sealing & redaction procedures

How does Marion Superior Court handle sealed or redacted filings?

Marion Superior Court rules set procedures for sealed or redacted filings. The court may seal a guardianship inventory or its supplement or amendment after written application and a noticed hearing; sealed material cannot be opened without a further order, notice, and hearing, and subsequent inventories must recapitate prior inventories.

View ruleSource: page 72, section LR49-PR00 Rule 410.3 Inventory Sealed