Fannin County Court at Law Sealing & Redaction Procedures

CRITICALCivil cases

Attorneys and parties must redact sensitive data and may not file documents containing unredacted sensitive data.

Texas Rule of Civil Procedure 21c defines "Sensitive Data" and prohibits attorneys and parties from filing documents containing unredacted sensitive data. TRCP 21c requires sensitive data to be redacted.

CRITICALCriminal cases

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

CRITICALCriminal cases

Sensitive data must be redacted using an X for each omitted character or by removing it in a way that indicates redaction.

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.

CRITICALCivil cases

Public access to pleadings, orders, and documents in DFPS suits under the specified Texas Family Code chapters is restricted, with access limited to specified persons unless the Court orders otherwise.

IT IS THEREFORE ORDERED that public access to pleadings, orders, and documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are to be restricted and shall be maintained by the District Clerk of Fawnin County as such. The Clerk of the Court shall not allow public access to these pleadings, orders, and documents other than to DFPS, the parties, their attorneys, the attorney ad litem and the guardian ad litem unless specifically permitted and ordered by this Court.

CRITICALCriminal cases

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

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

CRITICALCriminal cases

Documents containing sensitive data in violation of the rules must not be posted on the internet.

Documents that contain sensitive data in violation of these rules must not be posted on the internet.

CRITICALCivil cases

In qualifying Texas Family Code suits, the District Clerk must seal birth certificates and alternate or other proof of the child’s parents’ identity.

IT IS ORDERED THAT, in any suit filed pursuant to the Texas Family Code and in which compliance with Texas Family Code Section 102.008(c-1) is required, the Fannin County District Clerk shall seal all birth certificates or alternate/other proof of the identity of the child's parents.

WARNINGCivil cases

The clerk may restrict the listed records and documents marked as containing sensitive data from online posting, but they are not sealed unless a party obtains a court order sealing them.

Notwithstanding the foregoing, the Courts recognize the risk that the following documents may contain sensitive data protected under Rule 21c or other laws: • Custody evaluations • Psychological evaluations • Drug test results • Full Department of Family and Protective Services Case Records • Mental health records; and • Medical records. The District Clerk may, without further order of the Court, restrict the above-listed documents from being posted on the internet. However, these documents are not sealed unless a party obtains a court order sealing the document. Furthermore, if a document must contain unredacted sensitive data, the filing party must notify the clerk by marking it "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA." The District Clerk may, without further order of the court, restrict any document so marked from being posted on the internet. However, these documents are not sealed unless a party obtains a court order sealing the document.

WARNINGCivil cases

If a filed document violates the sensitive-data redaction rule, the clerk may require or allow the party to resubmit a redacted substitute document, which may be posted online.

If a filed document contains unredacted sensitive data in violation of the Rule, the clerk may require or allow the party to resubmit a redacted, substitute document pursuant to Rule 21c(e), which may be posted on the internet.