Montgomery Circuit Court Sealing & Redaction Procedures

Criminal cases

Program records and statements about the contract are confidential, privileged, unavailable for discovery or subpoena, and may be accessed or released only as specified, including the stated exceptions.

All Program records and all statements made by a defendant to a pretrial officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and, shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring, and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.

When required personal identifiers are filed, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, with access to the unredacted copy limited to authorized persons; filings in actions confidential by statute need not be redacted.

However, except as set forth in paragraph B below, where personal identifiers are required above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the which any personal data has been redacted and filing an unredacted copy in a marked and to the case, an attorney of record in the case, a judge of the court or other authorized court pleading, document, or exhibit containing personal identifiers to be accessed only by a party Services involved in child support matters attendant to the case, or a person authorized to personnel, a duly authorized employee or agent of the Cabinet for Health and Family means a Social Security number or tax-payer identification number, date of birth, or view the copy by specific orders of the court. As used in this section, "personal identifier" financial account number. not be redacted, and any access to those files shall be governed by KRS 199.570, KRS Pleadings, documents, or exhibits filed in actions deemed confidential by statute need 610.340, KRS 625.045 and KRS 625.108.