Shelby County Court of Common Pleas, General and Domestic Relations Divisions Sealing & Redaction Procedures

CRITICAL

Before filing written deposition transcripts, the attorney of record must omit or redact all personal and private information.

The attorney of records shall omit or redact all personal and private information from the written deposition transcripts prior to filing.

CRITICAL

Social security numbers and other information that must be 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

Personal and private information must not be included in filed documents unless necessary and relevant, or filed separately in a secure document; this rule also covers exhibits and addenda.

The filer shall not include personal and private information in any document filed with the Court unless such inclusion is necessary and relevant to the case, unless it is filed as a separate document – such as the Personal Identifier Information Sheet, which is a secure document not subject to public record. This requirement extends to and includes exhibits or addenda attached to filings, such as preliminary and financial reports which itemize state liens that use social security numbers as case numbers or medical records.

CRITICAL

When personal or private information must be included, redact all but the last four digits of identifying numbers, use only a minor’s initials, and replace other such information with “[REDACTED]”.

If personal and private information is necessary and must be included in a document, the filer shall redact the personal and private information from the document in the following manner: 53 ===== PAGE 54 ===== (i) For social security numbers, financial account numbers, or other personal identification numbers, all but the last four digits of the number shall be redacted. (ii) For minors, only the child’s initials shall be included. (iii) For any other personal or private information, the information shall be replaced with “[REDACTED]”.

CRITICAL

A sealed filing requires a court-approved motion and proposed order identifying the requested access level, and the documents sought to be sealed must not be attached to the motion.

The Clerk shall not accept any document to be filed under seal unless a Motion to make the filing has been made and approved by the Court. The Motion and proposed Order shall designate the requested level of access. The documents that are petitioned to be filed under seal shall not be attached to the Motion, as the Motion will not be sealed.

CRITICAL

At the “Judge Access Only” level, access to the documents is limited to the Judge, while only the docket is available through the e-File and Public Records Online systems.

(iii) Judge Access Only No access is permitted by Court staff, Clerk staff, counsel of record, or the public. Access to the documents will be limited to the Judge. Only the docket will be available through the Court’s e- File system and the Public Records Online system.

CRITICAL

Judge-access-only sealed documents must be delivered to the Clerk in a sealed envelope with specified identifying information and a conspicuous judge-access-only notation; the Clerk must file-stamp and retain the envelope and make the specified docket entry.

(iii) Judge Access Only: The documents shall be filed with the Clerk, secured in a sealed envelope, with the face of the envelope containing the case caption, a descriptive title of the document (unless the information has been included among the information sealed), the date of the order permitting the item to be sealed, and a conspicuous notation stating “DOCUMENTS UNDER SEAL – JUDGE ACCESS ONLY”. The Clerk shall file-stamp the face of the envelope, enter on the docket that the document was filed under seal with “Judge Access Only”, and retain the envelope in the Clerk’s office.

CRITICAL

Unless the Judge orders otherwise, in camera documents must be submitted directly to the Judge rather than filed with the Clerk; if filing with the Clerk is ordered, the judge-access-only sealed-document procedure applies.

Unless otherwise ordered by the Judge, documents submitted for in camera review shall be submitted directly to the Judge and not filed with the Clerk. If the Judge orders that documents submitted for in camera review be filed with the Clerk, the filer shall follow the procedures set forth in Subsection (B)(3)(c) of this Rule.

WARNING

For the “No Remote Access by Public” level, online public access is restricted, while public access to documents is available through the Clerk’s office during regular business hours.

(i) No Remote Access by Public Access to documents via the Clerk’s Public Records Online is limited to Judge, Court staff, Clerk staff, and counsel of record. Public access to documents will be available only through the Clerk’s office during regular business hours. The docket and access to documents will be available through the Court’s e-File system, but only the docket will be available through the Clerk’s Public Records Online.

WARNING

For the “No Remote or Direct Access by Public” level, the public has no access to documents through the Clerk’s office or Public Records Online.

(ii) No Remote or Direct Access by Public Access to documents via the Clerk’s Public Records Online is limited to Judges, Court staff, Clerk staff and counsel of record. No public access to documents through the Clerk’s office. The docket and access to documents will be available through the Court’s e-File system, but only the docket will be available through the Public Records Online.