Marietta Municipal Court, Ohio Sealing & Redaction Procedures

CRITICAL

When restricting access, the court must use the least restrictive available means, such as redaction, time-limited access restrictions, generic descriptions, or initials.

When restricting public access to a case document of information in a case document, the court shall use the least restrictive means available, including but not limited to the following: Redacting the information rather than limiting public access to the entire documents; Restricting remote access to either the document or the information for a specific period of time; Restricting public access to either the document or the information for a specific period of time; Using a generic title or description for the document or the information in a case management system or register or actions; Using initials or other identifier for the parties' proper names.

CRITICAL

Personal identifying information must be redacted.

Personal Identifying Information must be Redacted

CRITICAL

When redaction is ordered, the redacted document and the order must be filed in the case file; when an entire document is restricted, the order must be filed and a journal entry must reflect it.

If a court orders the redaction of information in a case document, a redacted version of the document shall be filed in the case file along with a copy of the court's order. If a court orders that the entire case document be restricted from public access, a copy o the court's order shall be filed in the case file. A journal entry shall reflect the court's order.

CRITICAL

The court must restrict access if clear and convincing evidence shows a higher interest outweighs the presumption of public access after considering the listed factors.

A court shall restrict public access to information in a case document or, if necessary, the entire document, if it finds by clear and convincing evidence that the presumption of allowing public access is outweighed by a higher interest after considering each of the following: Whether public policy is served by restricting public access; Whether any state, federal, or common law exempts the document or information from public access; Whether factors that support restriction of public access exist, including risk of injury to persons, individual privacy rights and interests, proprietary business information, public safety, and fairness of the adjudicatory process.

WARNING

Information restricted from public access, including information in documents ordered redacted, must be kept unavailable to the public and maintained separately in the case file.

restricted from public access or information in documents ordered redacted shall not be available for public access and shall be maintained separately in the case file.

WARNING

A person may request access to a restricted case document by written motion; the court must notify all parties and, where possible, the nonparty who sought restricted access, and may schedule a hearing.

Any person, by written motion to the court, may request access to a case document of information in a case document that has been granted restricted public access pursuant to division (E) of Sup. R. 44. The court shal l give notice of the motion to all parties in the case and, where possible, to the non-party person who requested that public access be restricted. The court may schedule a hearing on the motion.

WARNING

When restricting access, the court must use the least restrictive means possible to maximize transparency; examples include redaction, limiting remote access, time restrictions, generic titles, or initials.

When access is restricted, the court will utilize the least restrictive means possible in order to assure the maximum degree of transparency. Such measures may include, but are not limited to, redaction, restriction of remote access, time, generic titles in case management systems, or initials in place of parties' actual names.

WARNING

Social security numbers and other personal identifying information should be redacted before filing, and the parties or attorneys presenting the documents are responsible for redaction.

To protect legitimate personal privacy interests, social security numbers and other personal identifying information should be redacted from documents before the documents are filed with the Court. The responsibility for redacting personal identifying information rests solely with the parties and/or attorneys who present the documents for filing.

WARNING

A party or person who is the subject of information may request restricted access by written motion; the court may also act on its own order, must notify all parties, and may hold a hearing.

Any party to a judicial action or proceeding or other person who is the subject of information in a case document may, by written motion to the court, request that the court restrict public access to the information or, if necessary, the entire document. Additionally, the court may restrict public access to the information in the case document or, if necessary, the entire document upon its own order. The court shall give notice of the motion or order to all parties in the case. The court may schedule a hearing on the motion.

WARNING

The Court may restrict public access on a party’s or nonparty’s motion or on its own motion, based on clear or convincing evidence that a higher interest outweighs the presumption of access, and may consider the listed factors.

Public access to a case document or information in a case document may be restricted upon the motion of parties or nonparties in a legal proceeding or upon the Court's own motion. The Court will decide whether or not to restrict access based on clear or convincing evidence that the presumption of public access is outweighed by some other higher interest. The Court may consider any of the following in deciding the presence or absence of a higher interest: ( 1 ) whether public policy is served by restricting public access; (2) whether any state, federal, or common law exempts the document or information from public access; (3) whether factors that support restriction of public access exist, including risk of injury to persons, individual privacy rights and interests, proprietary business information, public safety, and fairness of the adjudicatory process.

WARNING

When providing public records for inspection or copying, the Court must notify the requester of redactions or make them plainly visible.

When making public records available for public inspection or copying, the court shall notify the requester of any redaction or make the redaction plainly visible.

WARNING

Each redaction must have a supporting explanation that includes legal authority and/or a copy of the journal entry restricting access.

If there are redactions, each redaction must be accompanied by a supporting explanation, include legal authority and /or a copy of the journal entry restricting access to the information or record.

WARNING

The Court may redact exempt or restricted portions of a partly public record and release the remainder.

If portions of a record are public and portions are exempt or restricted, the exempt or restricted portions may be redacted and the rest released.

WARNING

The court may restore public access upon clear and convincing evidence that a higher interest no longer outweighs the presumption of access, considering whether the original basis for restriction has ended and whether new circumstances warrant continued restriction.

A court may permit public access to a case document or information in a case document if it finds by clear and convincing evidence that the presumption of allowing public access is no longer outweighed by a higher interest. When making this determination, the court shall consider whether the original reason for the restriction of public access to the case document or information in the case document pursuant to division (E) of Sup. R. 44 no longer exists or is no longer applicable and whether any new circumstances, as set forth in that division, have arisen which would require the restriction of public access.