Marshall County Circuit Court, Kentucky Sealing & Redaction Procedures

CRITICAL

When personal identifiers are required or appear in covered filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, subject to paragraph B.

However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.

CRITICALCivil cases

For covered personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted, but documents in actions deemed confidential by statute need not be redacted.

However, except as set forth in paragraph (B) below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted and filing an un-redacted copy in a marked and sealed envelope. The clerk of the Court shall allow the un-redacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child(ren) support matters attendant to the case, or a person authorized to view the copy by specific orders of the court. As used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth, or financial account number. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045, and KRS 625.108.

CRITICAL

Juror qualification forms and their contents must remain confidential and may be disclosed only to specified people, subject to the Chief Circuit Judge’s or designee’s discretion to impose further confidentiality or use limits; requested photocopies are at the requester’s expense and must be destroyed within a reasonable time after the jury term.

The contents of juror qualification forms shall be made available to the trial judge and to parties of their attorneys of record unless the Chief Circuit Judge or his designee determines in any instance in the interest of justice that this information shall be kept confidential, or its use limited in whole or in part. See Administrative Procedure of the Court of Justice, Part I1, Section 7, Subsection (7). The forms and the information contained therein shall remain confidential and shall not be disclosed to anyone except the parties, the attorneys of record, persons associates with the office of the attorneys of record, persons employed by the attorneys of record to aid in jury selection, or court officials. The forms may be photocopied at the expense of the requesting party or attorney, but such copies are to be destroyed within a reasonable time following the jury term.

CRITICALCivil cases

The Circuit Clerk's Office may not release a Family Court video of an in-chamber interview with a child without a specific written order from the Family Court Judge.

Pursuant to FCRPP 27, the Circuit Clerk's Office shall not release any Family Court video of in-chamber interviews with children without a specific written order of the Family Court Judge.

CRITICAL

After the final order in an adoption case, the Clerk must seal the records; access is limited to court-ordered or rule-authorized circumstances, with limited access for clerks performing their duties and certified copies of the adoption order available to adoptive parents.

Except as otherwise provided, upon entry of the final order in an adoption case, the Clerk shall place all papers and records in a suitable envelope which shall be sealed and shall not be opened for inspection by any person except on written order of the court or as otherwise permitted under this rule. The Clerk or Deputy Clerks are permitted to unseal and open an adoption file only for such reasons as are necessary in the performance of their duties as custodians of the records and may furnish certified copies of the Order of Adoption to the adoptive parents.

CRITICALCivil cases

The Circuit Clerk's Office may not release copies of a confidential Family Court video recording without a specific written order from the Family Court Judge, except as authorized in Paternity actions.

The Circuit Clerk's Office shall not release any copies of a Family Court confidential video recording, except as authorized in Paternity actions, without a specific written order from the Family Court Judge.

CRITICAL

Access to the unredacted sealed copy is limited to the specified parties, court personnel, authorized child-support personnel, and people authorized by court order.

The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court.

WARNINGCivil cases

The order requirement does not apply to qualifying public officers or employees who certify their investigative or prosecutorial role, but they may use or distribute the information only for that investigation or prosecution.

Pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.

WARNING

Filings in actions deemed confidential by statute need not be redacted, and access to those files is governed by the cited statutes.

B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.

WARNING

After a dissolution case closes, the clerk may unseal the envelope to remove the VS-300 for mailing; otherwise, unsealing requires direction from the presiding judge or Circuit Court Clerk, and the envelope must be resealed.

Upon a dissolution of marriage case being closed, the Clerk of the Circuit Court is hereby authorized to unseal the envelope and remove the VS-300 for mailing to Kentucky's Office of Vital Statistics; otherwise the sealed envelope may only be unsealed upon direction of the presiding judge or the Circuit Court Clerk and is to be re-sealed.