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

CRITICAL

Grand Jury proceedings other than deliberations and voting must be recorded, and the recordings must not be disclosed unless the Court orders otherwise.

Pursuant to Crim.R. 6 and C.P.Sup.R. 11, all Grand Jury proceedings, with the exception of deliberations and voting, shall be recorded. Such recording, whether stenographically or electronically recorded, shall not be disclosed unless ordered by the Court.

CRITICAL

A sealed transcript may be unsealed only by order of the Court.

A sealed transcript may only be unsealed with an Order of the Court.

CRITICAL

The reporter must file the original transcript under seal with the Clerk of Court.

The reporter shall file the original transcript under seal with the Clerk of Court

CRITICAL

The guardian ad litem report must be retained in the Court’s confidential file and is not to be filed with the Clerk.

The written report of the guardian ad litem shall be submitted to the Judge or Magistrate. The Court will issue an order accompanying the report regarding the dissemination of the same. The Court will retain the report in the Court’s confidential file. The report is NOT to be submitted to the Clerk of Court for filing.

CRITICAL

Social security numbers and other information excluded from the public record must be redacted under the court’s rules and the Rules of Superintendence.

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.

CRITICAL

Before e-filing, filers must remove the specified personal and private information from pleadings, motions, and documents.

Before e-filing, counsel, parties, and other persons must make sure the first five digits of a social security number, financial account numbers, medical records, driver’s license numbers, and similar private information are removed from the pleading, motion, or document.

CRITICAL

The filing party is solely responsible for redacting personal, confidential, or private information.

Redactions of personal, confidential, or private information is solely the responsibility of the party filing the document.

CRITICAL

Indictments must remain secret, be sealed by the Clerk, and not be docketed by name until the accused is apprehended; disclosure is limited to warrant or summons needs, with a possible application for relief and an exception for law-enforcement communications to execute process.

Pursuant to Crim.R. 6(E) any indictment issued by the Grand Jury shall be kept secret until the defendant is in custody or has been released pursuant to Crim.R. 46. The Clerk of Court shall seal all indictments, the indictments shall not be docketed by name until after the apprehension of the accused, and no person shall disclose the finding of the indictments except when necessary for the issuance of a warrant or summons. Should a person involved in the process of issuance or execution of a warrant or summons believe that public disclosure of the indictment is necessary to effect service of the summons or warrant, that person may apply to the Court for relief from this Rule. This Rule shall not be interpreted as a prohibition of communication between Peace Officers, Law Enforcement Officers or Agencies, or Court Personnel in an attempt to execute a summons or warrant issued by the Grand Jury.

CRITICAL

A transcript in the Clerk's possession may not be removed from the Clerk's office, and only the Court may open a sealed transcript.

A transcript in the possession of the Clerk of Court shall not be removed from the office of Clerk of Court. No sealed transcript may be opened except by the Court.

WARNING

Records and information received to assist the court, including information in a petition, retain the public or non-public status provided by law.

Records or information received by a court to assist the court with making its decision” under Section 2953.25 of the Revised Code, including information included on a petition, shall retain their character as public or non-public records, as otherwise provided in law.