Providence County Superior Court Sealing & Redaction Procedures

Child-victim cases require separate public and confidential court files during prosecution and disposition.

Whenever a child victim is identified in any child molestation sexual assault case, a dual filing system shall be established for that case. During the prosecution and disposition of such a case, a “public file” and a “confidential court file” shall be maintained.

For documents identifying a child victim, a party must submit a redacted or fictitious-name public version and an unredacted confidential-file version.

When applicable, a party submitting material that identifies a victim shall submit two (2) versions of each document to be placed on file: one version from which all victim-identifying information has been redacted or made fictitious, to be placed in the public file; a second version of the same document, unredacted, to be placed in the confidential court file.

A hearing affecting a grand-jury proceeding must be closed to the extent necessary to prevent improper disclosure, except that a right to an open contempt hearing remains applicable.

(5) Closed Hearing. Subject to any right to an open hearing in contempt proceedings, the court shall order a hearing on matters affecting a grand jury proceeding to be closed to the extent necessary to prevent improper disclosure of matters occurring before a grand jury.

Records, orders, and subpoenas relating to grand-jury proceedings must remain sealed only as long and to the extent necessary to prevent improper disclosure of grand-jury matters.

(6) Sealed Records. Records, orders, and subpoenas relating to grand jury proceedings shall be kept under seal to the extent and for such time as is necessary to prevent improper disclosure of matters occurring before a grand jury.

If any portion of a presentence report is withheld, the court must notify the parties, explain the withholding, seal the entire report with the withheld portions identified, and preserve it for appellate review.

If the court withholds any portion of a report, it shall apprise the parties of that fact and state the reasons why the court has not made the entire report available. The court shall then seal the entire report, indicating thereon the portions that were withheld, and order it preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.

Of the two EFS sets, one must be non-public and the other public with documents or information redacted under the applicable electronic-filing and public-access rules.

One criminal information package or indictment shall be submitted as a non-public document. The second criminal information package or indictment shall be submitted as public document with documents and/or information redacted in accordance with Article X, Rules Governing Electronic Filing and the Rhode Island Judiciary Rules of Practice Governing Public Access to Electronic Case Information.

The judicial officer may order an indictment kept secret until the defendant is in custody, released pending trial, or arraigned or presented; the clerk must then seal it, and no person may disclose its return except as necessary to issue and execute a warrant or summons.

(4) Sealed Indictments. The judicial officer to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial or arraigned or presented on said indictment before a judicial officer. Thereupon the clerk shall seal the indictment and no person shall disclose the return of the indictment except when necessary for the issuance and execution of a warrant or summons.

A good-cause statement inspected by the court alone must be sealed and preserved in the court record if a protective order is entered, with access limited to an appellate court on appeal.

The court may permit a party to make a showing of good cause, in whole or in part, in the form of a written statement to be inspected by the court alone. If the court thereafter enters a protective order, the entire text of the party's statement shall be sealed and preserved in the records of the court, to be made available only to an appellate court in the event of an appeal.

Information subject to a privilege or protection claim must be presented to the court under seal and remain unused or undisclosed until the claim is resolved.

(ii) Present the information to the court under seal for a determination of the claim and not otherwise use or disclose the information until the claim is resolved.

The court may seal reports upon a duly made application, and sealed reports may be opened or inspected only upon application to the court.

court may, upon application duly made, order that these reports be sealed and be opened and subject to inspection only upon application to the court.

When appropriate, identical public-file and confidential-file copies may be submitted for non-victim-identifying documents.

The foregoing does not preclude the submission, when appropriate, of two (2) identical copies of a non-victim-identifying document, one of which is to be placed in the public file and one in the confidential court file.