Highland County Court of Common Pleas, Ohio Sealing & Redaction Procedures

CRITICAL

The filing party must redact social security numbers and other individual personal identifiers from documents filed in the public case file.

32.5 If there are documents which are to be filed in the public case file containing social security numbers or any other individual personal identifiers, the same shall be redacted by the filing party on those documents in the public case file.

CRITICAL

The listed health, substance-use, guardian ad litem, financial, appraisal, and legally confidential documents are deemed confidential and inaccessible as stated, subject to the evidence and confidentiality exceptions in the rule.

35.3 Any of the following types of documents filed with the Clerk shall be deemed confidential documents not accessible to non-parties and attorneys of record unless admitted as evidence in a hearing or trial in this Court and not otherwise deemed to be confidential: 1. Health care documents, including but not limited to physical health, psychological health, psychiatric health, mental health and counseling documents; 2. Drug and alcohol use assessments and treatment facility/agency reports; 3. Guardian Ad Litem reports in general division cases; 4. Financial records regarding property, debt, taxes, income and expenses including collateral source documents filed with records and statements; 5. Asset appraisals and evaluations; 6. Any other documents deemed to be confidential pursuant to state or federal law including rules of court.

CRITICAL

The family file must contain the listed financial, health, assessment, evaluation, report, visitation, genetic testing, and asset valuation records, as well as other items directed by the Court.

32.3 The family file shall contain items as follows: 1. Affidavits of indigency, financial records and financial disclosure statements regarding property, debt, taxes, income and expenses, including collateral source documents attached to or filed with records and statement, including, but not limited to, income tax returns; 2. Health care documents, including, but not limited to, physical health reports, psychological assessments and any other mental health or counseling documents; 3. Drug and alcohol assessments, screens and reports; 4. Guardian Ad Litem reports, including collateral source documents attached to or filed with the reports; 5. Home studies, including collateral source documents attached to or filed with the studies; 6. Child custody evaluations, including collateral source documents attached to or filed with the evaluations; 7. Domestic violence reports and screens, including, but not limited to, risk assessments; 8. Supervised parenting time/companionship/visitation records and reports, including, but not limited to, exchange records and reports; 9. Genetic testing relationship reports; 10. Asset appraisals/valuations; 11. Other items as directed by the Court.

CRITICAL

For confidential, in camera, or otherwise nonpublic exhibits, the filing party must file a motion to have the exhibits sealed or unavailable for public inspection.

If a pleading or document contains exhibits that are confidential, being submitted for an in camera review or otherwise claimed not to be subject to public inspection, the filing party shall specifically note that in the filing and file a motion to have said exhibits sealed or not made available for public inspection by person accessing the public information in the case management system.

CRITICAL

Documents filed in a domestic relations case that contain sensitive personal information must be kept in a family file separate from the public case file.

32.2 Documents filed in any domestic relations case containing sensitive personal information shall be kept in a “family file,” separate from the public case file otherwise maintained by the Clerk of Courts. The family file shall be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate.

CRITICAL

A person may request access to a confidential document by written motion, and the Court may grant access upon the stated clear-and-convincing-evidence finding.

35.6 Any person may file a written motion with the Court requesting access to a document deemed to be confidential. A copy of the motion shall be served upon all parties and attorneys of record in the case. The Court may schedule a hearing on the motion or consider it without hearing at the discretion of the Court. Access to a confidential document may be permitted if the Court finds by clear and convincing evidence that the presumption of maintaining confidentiality is outweighed by a higher interest than that of the parties or the person to whom the document belongs or concerns.

WARNING

For good cause, the Court may order confidential documents filed under seal by the Clerk; sealed documents are inaccessible without the Court’s permission.

Notwithstanding the provisions of this rule, the Court, for good cause, may order certain confidential documents to be filed under seal by the Clerk. Said documents would not be accessible to any person without permission of the Court.

WARNING

Filed documents are presumed publicly accessible unless an identified rule or statute provides otherwise.

35.2 All documents filed with the Court are presumed to be open to public access except as otherwise provided by Rules 44 and 48 of the Rules of Superintendence for the Courts of Ohio, Local Rule 32 and any provisions of the Ohio Revised Code.

INFO

For good cause, the Court may order other documents containing sensitive personal information to be kept in the family file on a party’s motion or its own motion.

32.4 Upon motion of any party or upon the Court’s own motion, and, for good cause shown, other documents containing sensitive personal information may be ordered to be maintained in the family file.