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

CRITICAL

Documents containing sensitive personal information must be maintained in a separate non-public file by the Clerk of Courts.

A. Documents filed in any case containing sensitive personal information shall be kept in a separate non-public file to be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate.

CRITICAL

The non-public file must contain the listed affidavits, financial and evaluation records, reports, letters, form, and other items directed by the Court.

B. The non-public file shall contain the following items: 1. The parties’ DR-1, DR-2 and DR-3 affidavits and attachments thereto; 2. Tax returns; 3. Reports of psychological or custody evaluations; 4. Medical reports; 5. Reports of supervised parenting time or supervised parenting time exchanges; 6. Reports of a home study evaluator or Guardian ad Litem; 7. Reports of medical or drug testing; 8. Copy of Application for Child Support Services (IV-D); 9. Letters to the Court from the parties, the child(ren) and/or other individuals; 10. Victim’s Rights Form; 11. Other items as directed by the Court.

CRITICAL

Documents filed in the public file that contain Social Security numbers or other identifying information must be redacted.

If there are documents which are to be filed in the “ public file” containing social security numbers or any other individual identifying information, the same shall be redacted on those documents in the “ public file.”

CRITICAL

The public file must contain a Clerk-prepared Notice of Filing identifying the non-public document and its filing date in place of that document.

D. The “ public file” shall contain, in place of the document contained in the non-public file, a Notice of Filing prepared by the Clerk of Courts reflecting the filing of the document maintained in the non-public file and the date thereof (e.g., “ Notice is hereby given that on 3-8 ===== PAGE 18 ===== [date of filing] a [name of document ] was filed by [person or party filing document], which shall be maintained in the Non-public File”).

CRITICAL

A recording or transcript of a child’s in camera interview must be held in a separate file when a party requests it or the Court chooses to do so.

In the event that the Court conducts an in camera interview of any child, upon request of any party or in its own discretion, the Court shall hold said recording or transcript of the recording in a separate file.

CRITICAL

The recording of a child’s in camera interview may not be made available to a party or counsel without Court approval.

The recording shall not be made available to either party or counsel without Court approval.

CRITICAL

A transcript of the recording may be made available to counsel or the parties only after objections to a Magistrate’s Decision are filed or an appeal is taken to the Court of Appeals.

A transcript of said recording shall only be made available to counsel or the parties after the filing of Objections to a Magistrate’s Decision to the Court or an appeal to the Court of Appeals.

CRITICAL

Copying, posting, or disclosing non-public-file contents without prior approval may result in court action, including contempt penalties of incarceration and fines.

Any person who copies the contents of the non-public file, posts on social media or other mediums or discloses all or portions of the non-public file to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.

CRITICAL

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 shall 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

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 shall 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

CRITICAL

The Clerk must retain Victim’s Rights Forms as non-public; prosecutors, victims, and their representatives may receive unredacted copies, while defendants and defense counsel may access the form without the victim’s address and other contact or identifying information unless the Court orders otherwise.

A Victim’s Rights Form shall be retained by the Clerk of Courts as a non- public document. a. Those who are entitled to unredacted copy: prosecutor, victim or victim’s representative b. Defendant and Defense Counsel shall have access to the form except for the victim’s address and other contact or identifying information unless ordered by this court.

CRITICAL

Social security numbers and other information excluded from public records must be redacted; upon filing, the Clerk must keep the original under seal and prepare a redacted copy for the public case file.

F. All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence. Upon filing of a Petition, the Clerk shall file the original under seal for use by the Court, and prepare a redacted copy for inclusion in the portion of the case file accessible to the public.

WARNING

Other documents containing sensitive personal information may be ordered into the non-public file on a party’s motion or the Court’s own motion.

C. Upon motion of any party or upon the Court’s own motion, other documents containing sensitive personal information may be ordered to be kept in the non-public file.

WARNING

The listed parties, counsel, court-related professionals, and personnel may inspect and review the non-public file in performing their duties or as the Court directs.

F. Contents of the non-public file may be inspected and reviewed by the following individuals in the performance of their duties or as the Court may direct: 1. Parties; 2. A party’s attorney of record; 3. County’s CSEA counsel; 4. Mediators appointed to a case; 5. Court personnel; 6. Guardians Ad Litem appointed to a case; 7. Home investigators appointed to a case; 8. Parenting coordinators appointed to a case.

WARNING

Individuals outside the listed categories may request access to the non-public file by filing a motion.

Other individuals may request to inspect and review the contents of the non-public file by filing a motion.

WARNING

When the Court deems it advisable, prospective juror lists may use numbers instead of names, and other identifying data may be withheld and sealed.

To preserve the privacy and confidentiality of prospective jurors, when deemed advisable by the Court, lists of potential jurors submitted to counsel may be identified only by number, and other identifying data, i.e. telephone numbers, addresses, etc., may be withheld and sealed.

WARNING

The Court may order that identifying data of prospective jurors and information contained on Juror Questionnaires provided counsel shall not be disclosed by counsel to litigants, defendants, or others not directly associated with counsel’s professional office.

The Court may order that identifying data of prospective jurors and information contained on Juror Questionnaires provided counsel shall not be disclosed by counsel to litigants, defendants, or others not directly associated with counsel’s professional office.