Cameron County District Courts Sealing & Redaction Procedures

Sensitive data must be redacted with an “X” or visibly removed, and the filing party must retain the unredacted document during the case and for three years after judgment for related appellate proceedings.

Rule 5.3 Redaction of Sensitive Data; Retention Requirement Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings filed within three years of the date the judgment is signed.

Sensitive data must be redacted before an electronic or paper document may be filed, subject to an expressly stated statutory, rule, or administrative exception.

An electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted. Documents containing sensitive data may be filed with a court when the data’s inclusion is specifically required by a statute, court rule, or administrative

Sensitive data includes government identification numbers, financial account information, birth dates, home addresses, and the name of a person who was a minor when the case was filed.

Sensitive data consists of: (1) a driver’s license number, passport number, social security number, tax identification number, or similar government-issued personal identification number; (2) a bank account number, credit card number, or other financial account number; and (3) a birth date, home address, and the name of any person who was a minor when the underlying suit was filed.

Sensitive data must be redacted with an X or removed in a manner showing redaction, and the filing party must retain an unredacted version during the appeal and related proceedings filed within six months after judgment is signed.

(c) Redaction of Sensitive Data; Retention Requirement. Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the appeal and any related proceedings filed within six months of the date the judgment is signed.

For sealed paper material, the sealing order must be attached outside the container; for sealed electronic material, it must appear as the first document.

If a court orders material sealed, whether it be sensitive data or other materials, the court’s sealing order must be affixed to the outside of the sealed container if the sealed material is filed in paper form, or be the first document that appears if filed in electronic form.

An electronic or paper document containing sensitive data generally may not be filed unless the data is redacted, with exceptions for statutorily required data, wills, and documents filed under seal.

(b) Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document, except for wills and documents filed under seal, containing sensitive data may not be filed with a court unless the sensitive data is redacted.

Sensitive data must be redacted with an X for each omitted character or removed in a manner clearly indicating the redaction.

(c) Redaction of Sensitive Data; Retention Requirement. Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted.

The filing party must retain an unredacted document throughout the case and for related appellate proceedings filed within six months after judgment is signed.

The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings filed within six months of the date the judgment is signed.

Sensitive data generally may not be filed electronically or on paper unless the data is redacted, except where inclusion is specifically required or for the record in an appeal under Section Two.

(b) Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted, except for the record in an appeal under Section Two.

Documents containing unredacted sensitive data in violation of the rule may not be posted on the Internet.

(e) Restriction on Remote Access. Documents that contain unredacted sensitive data in violation of this rule must not be posted on the Internet.

Sensitive data consists of the information defined in this rule.

(a) Sensitive Data Defined. Sensitive data consists of:

Electronic and paper criminal appellate filings, including appendices, may not contain sensitive data unless the court orders otherwise.

(b) Redacted Filings. Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data.

Sensitive data must be redacted by replacing each omitted digit or character with an X or by visibly removing the data.

(c) Redaction procedures. Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted.

The court may order a document to be filed under seal, in paper or electronic form, without redaction.

A court may also order that a document be filed under seal in paper form or electronic form, without redaction.

In criminal cases, the appellate record must not be posted on the Internet.

In a criminal case, the record must not be posted on the Internet.

If a document must contain sensitive data, the filing party must notify the clerk by designating the document during electronic filing or placing the specified notice on the upper left side of the first page for a non-electronic filing.

(d) Notice to Clerk. If a document must contain sensitive data, the filing party must notify the clerk by: (1) designating the document as containing sensitive data when the document is electronically filed; or (2) if the document is not electronically filed, by including, on the upper left- hand side of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”

The filer must retain an unredacted version of the filed document during the appeal and related proceedings filed within three years after judgment is signed.

The filer must retain an unredacted version of the filed document during the pendency of the appeal and any related proceedings filed within three years of the date the judgment is signed.

A filer may submit essential sensitive information in a paper reference list filed under seal.

If a filer believes any information described in paragraph (a) of this rule is essential to a document or that the document would be confusing without the information, the filer may submit the information to the court in a reference list that is in paper form and under seal.

A sealed reference list must assign a unique identifier to each listed item.

The reference list must specify an appropriate identifier that corresponds uniquely to each item listed.