Delaware County Court of Common Pleas, General Division Sealing & Redaction Procedures

Records whose release is legally protected, exempt, excluded from the definition of a court or public record, or otherwise not qualifying for public inspection must not be publicly inspected.

Records, whose release is prohibited or exempted by either state or federal law, or not considered a Court Record as defined in Sup.R. 44(B) or a public record as defined by R.C. § 149.43(A)(1) (also see “record” defined in R.C. § 149.011(G)), shall NOT be subject to public inspection. Refer to Section X.

When a record contains both public and exempt portions, the exempt portions must be redacted, the public portions released, each redaction plainly visible, and the redactions supported by an explanation including legal authority.

If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released. If there are redactions, each redaction must be made plainly visible and accompanied by a supporting explanation, including legal authority. (R.C. § 149.43(B)(1) and (3)).

If all statutory requirements are met, the defendant's Mental Health Docket record is sealed upon successful termination through a judgment entry.

The case will be disposed of through a judgment entry successfully terminating the Defendant from the Mental Health Docket and sealing his/her record if all the statutory requirements have been met.

Filing parties must omit or partially redact listed personal, financial, proprietary, and trade-secret identifiers from pleadings, documents, and exhibits unless the assigned judge orders otherwise.

Filing parties must omit – or, where inclusion is necessary, partially redact – the following personal data identifiers from all pleadings, documents, and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: • Social security numbers with the exception of the last four digits; • State or federal tax identification numbers; • Driver’s license numbers or state identification numbers; • Minors’ names in abuse, neglect, or dependency cases; • Employer and employee identification numbers; • Individual financial information; and • Proprietary or trade-secret information.

A party with leave of court may seal an unredacted document by filing a motion, and the judge may require a redacted public copy.

With leave of court, a party may file under seal a document containing the unredacted personal data identifiers listed above. (a) The party seeking to file an unredacted document must file a motion to file the document under seal. (b) In granting the motion or application to seal, the assigned judge may require the party to file a redacted copy for the public record.

A deposition bearing a protective or sealing order may not be unsealed without a further court order.

If a protective order or sealing order is placed on the cover of the deposition, the deposition will not be unsealed, absent further court order.

A filing containing trade secrets, attorney-client privileged material, or work product may be publicly filed and served in redacted form, but the complete unredacted document should be submitted to the court for in-camera review and may later be reconsidered upon application.

(M) Trade Secret or Privileged Information If a receiver’s report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work- product communications, then redacted documents may be filed in the public record and served upon all parties that have appeared. When that occurs, a complete un-redacted document should be submitted to the court for in-camera review. Upon application by the receiver or any party, the court will re-examine the document and determine whether previously redacted information should be disclosed in the public case file or for attorney viewing only.

On motion and for good cause, the judge may seal the judgment entry authorizing appointed-counsel services and have the clerk maintain it with the criminal case's original papers.

Upon motion and for good cause, the judge may order that the judgment entry authorizing the services be sealed and maintained by the clerk, along with all other original papers in the criminal case.