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Court Rules

Sealing & Redaction Procedures in the California Rules of Court

360 requirements in 96 rules

Sealing in every court and judge's rules

Cal. Rules of Court, rule 1.51. California Law Enforcement Telecommunications System (CLETS) information form

  • (2) Law enforcement and other personnel authorized by the California Department of Justice to transmit or receive CLETS information.

  • Forms CLETS-001 and CLETS-002 are confidential, and access to the information on the forms is limited to the persons listed in (c).

  • (1) Authorized court personnel;

  • (A) Transmit the form to a law enforcement agency for entry into CLETS and not retain any copy;

  • Forms CLETS-001 and CLETS-002 must not be included in the court file.

  • (B) Enter the information on the form into CLETS itself and promptly destroy the form or delete it from its records.

  • If no temporary restraining order or order after hearing is entered, the court may promptly destroy the form or delete it from its records.

  • Until the court has completed (1) or (2), the form must be retained in a secure manner that prevents access to the information on the form except to those persons identified in (c).

Cal. Rules of Court, rule 1.100. Requests for accommodations by persons with disabilities

  • The confidentiality of all information of the applicant concerning the request for accommodation and review under (g)(1) or (2) must be maintained as required under (c)(4).

  • The court must keep accommodation-request information confidential and may not disclose the applicant’s identity or confidential information outside the accommodation process, unless the applicant waives confidentiality in writing or disclosure is required by law.

    The rule's wording

    The court must keep confidential all information of the applicant concerning the request for accommodation, unless confidentiality is waived in writing by the applicant or disclosure is required by law. The applicant's identity and confidential information may not be disclosed to the public or to persons other than those involved in the accommodation process. Confidential information includes all medical information pertaining to the applicant, and all oral or written communication from the applicant concerning the request for accommodation.

Cal. Rules of Court, rule 1.201. Protection of privacy

  • The reference list is confidential.

  • The responsibility for excluding or redacting identifiers identified in (a) from all documents filed with the court rests solely with the parties and their attorneys. The court clerk will not review each pleading or other paper for compliance with this provision.

  • To protect personal privacy and other legitimate interests, parties and their attorneys must not include, or must redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court's public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court:

  • A party may amend its reference list as of right.

  • The requirements of this rule do not apply to documents or records that by court order or operation of law are filed in their entirety either confidentially or under seal.

  • (2) Financial account numbers. If financial account numbers are required in a pleading or other paper filed in the public file, only the last four digits of these numbers may be used.

  • (1) Social security numbers. If an individual's social security number is required in a pleading or other paper filed in the public file, only the last four digits of that number may be used.

  • All references in the case to the redacted identifiers included in the confidential reference list will be understood to refer to the corresponding complete identifier.

  • If the court orders on a showing of good cause, a party filing a document containing identifiers listed in (a) may file, along with the redacted document that will be placed in the public file, a reference list.

Cal. Rules of Court, rule 2.40. Requests for accommodations to pump or express breast milk

  • (3) The confidentiality of all information of the applicant concerning the request for accommodation and review under rule 2.40(f)(1) must be maintained as required under rule 2.40(c)(4).

  • The court must keep the applicant’s accommodation-request information confidential, subject to written waiver or disclosure required by law, and may disclose it only to persons involved in the accommodation process.

    The rule's wording

    (4) The court must keep confidential all information of the applicant concerning the request for accommodation unless confidentiality is waived in writing by the applicant or disclosure is required by law. The applicant’s identity and confidential information may not be disclosed to the public or to persons other than those involved in the accommodation process. Confidential information includes all medical information pertaining to the applicant and all oral or written communication from the applicant concerning the request for accommodation.

Cal. Rules of Court, rule 2.254. Responsibilities of court

  • Except as provided in rules 2.250-2.259 and 2.500-2.506, an electronically filed document is a public document at the time it is filed unless it is sealed under rule 2.551(b) or made confidential by law.

Cal. Rules of Court, rule 2.303. Filing through fax filing agency

  • A fax filing agency must keep all documents transmitted to it confidential except as provided in the rules in this chapter.

Cal. Rules of Court, rule 2.304. Direct filing

  • The court must ensure that any credit card information on the cover sheet is not publicly disclosed.

Cal. Rules of Court, rule 2.503. Application and scope

  • When remote access is allowed under (e) in an individual criminal case, the court should, to the extent feasible, redact the listed personal and sensitive information.

    The rule's wording

    The court should, to the extent feasible, redact the following information from records to which it allows remote access under (e): driver license numbers; dates of birth; social security numbers; Criminal Identification and Information and National Crime Information numbers; addresses and phone numbers of parties, victims, witnesses, and court personnel; medical or psychiatric information; financial information; account numbers; and other personal identifying information.
  • No juror names or other juror identifying information may be provided by remote access.

Cal. Rules of Court, rule 2.524. Security of confidential information

  • If any information in an electronic record that is confidential by law or sealed by court order may lawfully be provided remotely to a person or organization described in rule 2.515, any remote access to the confidential information must be provided through a secure platform and any electronic transmission of the information must be encrypted.

Cal. Rules of Court, rule 2.542. Security of confidential information

  • A court may enter into a contract with a vendor to provide secure access and encryption services.

  • Alternatively, if a statewide master agreement is available for secure access and encryption services, courts may use that master agreement.

  • If any information in an electronic record that is confidential by law or sealed by court order may lawfully be provided remotely to a government entity, any remote access to the confidential information must be provided through a secure platform, and any electronic transmission of the information must be encrypted.

Cal. Rules of Court, rule 2.550. Sealed records

  • Consistent with Code of Civil Procedure sections 639 and 645.1, if the records that a party is requesting be placed under seal are voluminous, the court may appoint a referee and fix and allocate the referee's fees among the parties.

  • Unless confidentiality is required by law, court records are presumed to be open.

Cal. Rules of Court, rule 2.551. Procedures for filing records under seal

  • A record filed publicly in the court must not disclose material contained in a record that is sealed, conditionally under seal, or subject to a pending motion or an application to seal.

  • A record that may be filed under seal must be transmitted to the court in a secure manner that preserves the confidentiality of the records to be lodged.

  • If the party files a motion or an application to seal within 10 days or such later time as the court has ordered, these documents are to remain conditionally under seal until the court rules on the motion or application and thereafter are to be filed as ordered by the court.

  • File copies of the documents in (i) that are redacted so that they do not disclose the contents of the records that are subject to the confidentiality agreement or protective order; and

  • A party or member of the public may move, apply, or petition, or the court on its own motion may move, to unseal a record.

  • Unless the sealing order provides otherwise, it prohibits the parties from disclosing the contents of any materials that have been sealed in anything that is subsequently publicly filed.

  • If the sealed records are in electronic form, appropriate access controls must be established to ensure that only authorized persons may access the sealed records.

  • On receipt of a record lodged under this rule, the clerk must endorse the affixed cover sheet with the date of its receipt and must retain but not file the record unless the court orders it filed.

  • Lodge the unredacted records subject to the confidentiality agreement or protective order and any pleadings, memorandums, declarations, and other documents that disclose the contents of the records, in the manner stated in (d);

  • The motion, application, or petition and any opposition, reply, and supporting documents must be filed in a public redacted version and a sealed complete version if necessary to comply with (c).

  • In determining whether to unseal a record, the court must consider the matters addressed in rule 2.550(c)-(e).

  • The party requesting that a record be filed under seal must lodge it with the court under (d) when the motion or application is made, unless good cause exists for not lodging it or the record has previously been lodged under (3)(A)(i).

  • Sealed records must be securely filed and kept separate from the public file in the case.

  • If necessary to prevent disclosure, any motion or application, any opposition, and any supporting documents must be filed in a public redacted version and lodged in a complete, unredacted version conditionally under seal.

  • When a court seals a paper record, the clerk must replace the conditional-seal label with the specified court-order label and replace the cover sheet with a filed-endorsed copy of the order.

    The rule's wording

    If the court grants an order sealing a record and if the sealed record is in paper format, the clerk must substitute on the envelope or container for the label required by (d)(2) a label prominently stating "SEALED BY ORDER OF THE COURT ON (DATE)," and must replace the cover sheet required by (d)(3) with a filed-endorsed copy of the court's order.
  • A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.

  • If the records to be placed under seal are voluminous and are in the possession of a public agency, the court may by written order direct the agency instead of the clerk to maintain custody of the original records in a secure fashion.

  • If the sealed record is in electronic form, the clerk must file the court's order, maintain the record ordered sealed in a secure manner, and clearly identify the record as sealed by court order on a specified date.

  • Pending the determination of the motion or application, the lodged record will be conditionally under seal.

  • If the records are requested by a reviewing court, the trial court must order the public agency to deliver the records to the clerk for transmission to the reviewing court under these rules.

  • A sealed record must not be unsealed except on order of the court.

  • If the record is transmitted in paper form, it must be put in an envelope or other appropriate container, sealed in the envelope or container, and lodged with the court.

Cal. Rules of Court, rule 2.570. Filing False Claims Act records under seal

  • Until the seal is lifted, the records in the action must remain under seal, except to the extent otherwise provided in this rule.

  • The qui tam plaintiff in a False Claims Act case may have access to all documents filed by the qui tam plaintiff and to such other documents as the court may order.

  • As long as records in a False Claims Act case are under seal, no defendant is permitted to have access to the court records or other information concerning the case. Defendants not permitted access include any political subdivision that has been named as a defendant in a False Claims Act action.

  • Records of actions filed by a qui tam plaintiff must initially be filed as confidential and under seal as required by Government Code section 12652(c).

  • As long as the records in a False Claims Act case are under seal, public access to the records in the case is prohibited. The prohibition on public access applies not only to filed documents but also to electronic records that would disclose information about the case, including the identity of any plaintiff or defendant.

  • As long as the records in a False Claims Act case are under seal, only the information concerning filed records contained on the confidential cover sheet prescribed under rule 2.571(c) may be entered into the register of actions that is accessible to the public.

  • As long as the records in a False Claims Act case are under seal, the only parties permitted access to the court file are: (A) The Attorney General; (B) A prosecuting authority for the political subdivision on whose behalf the action is brought, unless the political subdivision is named as a defendant; and (C) A prosecuting authority for any other political subdivision interested in the matter whose identity has been provided to the court by the Attorney General.

Cal. Rules of Court, rule 2.571. Procedures for filing records under seal in a False Claims Act case

  • Under Government Code section 12652, no order sealing these records is necessary.

  • On the filing of an action under the False Claims Act, the complaint, motions for extensions of time, and other papers filed with the court must be kept under seal.

  • Records in a False Claims Act case that are confidential and under seal must be securely filed and kept separate from the public file in the case.

Cal. Rules of Court, rule 2.573. Unsealing of records and management of False Claims Act cases

  • If a new motion to extend the time to intervene is pending, the seal remains in effect until the court rules on the motion.

    The rule's wording

    The Attorney General and all local prosecuting authorities involved in the action must give the notice required under (1) within 60 days of the filing of the complaint or before an order extending the time to intervene has expired, unless a new motion to extend time to intervene is pending, in which case the seal remains in effect until a ruling is made on the motion.
  • Records in a False Claims Act case to which public access has been prohibited under Government Code section 12652(c) must remain under seal until the Attorney General and all local prosecuting authorities involved in the action have notified the court of their decision to intervene or not intervene.

Cal. Rules of Court, rule 2.575. Confidential information in name change proceedings under address confidentiality program

  • The current legal name of a confidential name change petitioner must be kept confidential by the court as required by Code of Civil Procedure section 1277(b)(3) and not be published or posted in the court's calendars, indexes, or register of actions, or by any means or in any public forum. Only the information concerning filed records contained on the confidential cover sheet prescribed under (d) may be entered into the register of actions or any other forum that is accessible to the public.

  • To maintain the confidentiality provided under Code of Civil Procedure section 1277(b) for the petitioner's proposed name, the petitioner must not include the proposed name on the petition for name change or any other record in the proceedings.

Cal. Rules of Court, rule 2.576. Access to name of the petitioner

  • (1) Petitioner's participation in the address confidentiality program has ended under Government Code section 6206.7;

  • (2) The court finds by clear and convincing evidence that the allegations of domestic violence or stalking in the petition are false.

Cal. Rules of Court, rule 2.577. Procedures for filing confidential name change records under seal

  • On receipt of a petition lodged under this rule, the clerk must endorse the cover sheet with the date of its receipt and must retain but not file the record unless the court orders it filed.

  • (1) There exists an overriding interest that overcomes the right of public access to the record;

  • The application to file under seal must be kept confidential by the court until the court rules on it.

  • (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;

  • (5) No less restrictive means exist to achieve the overriding interest.

  • (2) Any member of the public seeking to unseal a record or a court proposing to do so on its own motion must follow the procedures described in rule 2.551(h).

  • (4) If the court grants the application to file under seal and issues an order under (e), the petition and any associated records may be filed under seal and ruled on by the court immediately.

  • If the moving party does not notify the court within 10 days of the order, the clerk must (1) return the lodged record to the moving party if it is in paper form or (2) permanently delete the lodged record if it is in electronic form.

  • (1) A sealed record may not be unsealed except by order of the court.

  • (3) For petitions transmitted in paper form, if the court grants an order sealing a record, the clerk must strike out the notation required by (d)(2) on the Confidential Cover Sheet that the matter is filed "CONDITIONALLY UNDER SEAL," add a notation to that sheet prominently stating "SEALED BY ORDER OF THE COURT ON (DATE)," and file the documents under seal.

  • Sealed records must be securely filed and kept separate from the public file in the case.

  • The records that may be filed under seal must be lodged with the court.

  • If the sealed records are in electronic form, appropriate access controls must be established to ensure that only authorized persons may access the sealed records.

  • (4) The proposed order to seal the record is narrowly tailored; and

  • If the court denies the application to seal, the moving party may notify the court that the lodged record is to be filed unsealed.

  • The court may order that the record be filed under seal if it finds that all of the following factors apply:

  • On receipt of this notification, the clerk must unseal and file the record.

  • For petitions transmitted electronically, the clerk must file the court's order, maintain the record ordered sealed in a secure manner, and clearly identify the record as sealed by court order on a specified date.

  • (2) The overriding interest supports sealing the record;

  • Records in a name change proceeding brought by a confidential name change petitioner may not be filed under seal without a court order.

Cal. Rules of Court, rule 2.585. Confidential in-camera proceedings

  • Records examined by the court in confidence under (a), or copies of them, must be filed with the clerk under seal and must not be disclosed without court order.

Cal. Rules of Court, rule 2.835. Motions or applications to be heard by the court

  • Rules 2.550-2.551 on sealed records apply to motions or applications filed under this rule.

  • A motion or application to seal records in a case pending before a temporary judge requested by the parties must be filed with the court and must be served on all parties that have appeared in the case and the temporary judge.

Cal. Rules of Court, rule 2.1009. Permanent medical excuse from jury service

  • The jury commissioner must keep the request-related information confidential, subject to written waiver or legally required disclosure, and may disclose it to involved court personnel but not the public.

    The rule's wording

    The jury commissioner must keep confidential all information concerning the request for permanent medical excuse, including any accompanying request for disability-related accommodation, including auxiliary aids or services, unless the applicant waives confidentiality in writing or the law requires disclosure. The applicant's identity and confidential information may not be disclosed to the public but may be disclosed to court officials and personnel involved in the permanent medical excuse process. Confidential information includes all medical information pertaining to the applicant, and all oral or written communication from the applicant concerning the request for permanent medical excuse.

Cal. Rules of Court, rule 3.54. Confidentiality

  • No person may reveal any information contained in the application except as authorized by law or order of the court.

  • No person may have access to an application for an initial fee waiver except the court and authorized court personnel, any persons authorized by the applicant, and any persons authorized by order of the court.

  • An order granting access to an application or financial information may include limitations on who may access the information and on the use of the information after it has been released.

Cal. Rules of Court, rule 3.871. Confidentiality of complaint proceedings, information, and records

  • The disclosures that may be authorized under this subdivision include the name of a mediator against whom action has been taken under rule 3.870, the action taken, and the general basis on which the action was taken.

  • After the decision on a complaint, the presiding judge, or a person whom the presiding judge designates to do so, may authorize the public disclosure of information or records concerning the complaint proceeding that do not reveal any mediation communications.

  • Complaint procedures and proceedings must preserve the confidentiality of mediation communications, including communications with individual participants or participant subgroups.

    The rule's wording

    All complaint procedures and complaint proceedings must be designed and conducted in a manner that preserves the confidentiality of mediation communications, including but not limited to the confidentiality of any communications between the mediator and individual mediation participants or subgroups of mediation participants.
  • In determining whether the disclosure of information or records concerning a complaint proceeding is required by law, courts should consider the purposes of the confidentiality of complaint proceedings stated in (a).

  • No information or records concerning the receipt, investigation, or resolution of an inquiry or a complaint may be open to the public or disclosed outside the course of the complaint proceeding except as provided in (d) or as otherwise required by law.

  • All complaint proceedings must occur in private and must be kept confidential.

  • If it appears that the disclosure of information or records concerning a complaint proceeding that would reveal mediation communications is required by law, before the information or records are disclosed, notice should be given to any person whose mediation communications may thereby be revealed.

  • In determining whether to authorize the disclosure of information or records under this subdivision, the presiding judge or the designee should consider the purposes of the confidentiality of complaint proceedings stated in (a)(2) and (a)(3).

Cal. Rules of Court, rule 3.932. Motions or applications to be heard by the court

  • Rules 2.550 and 2.551 apply to the motion or application to seal the records.

Cal. Rules of Court, rule 3.1161. Request to make minor's information confidential in civil harassment protective order proceedings

  • a. The court may deny a request to release confidential information based on the request alone.

  • (iii) If the person who made the request for confidentiality objects to the release of information, the court may set the matter for a closed hearing.

  • (2) The redacted copy or copies must be filed and maintained in a public file, and the unredacted copy or copies must be filed and maintained in a confidential file.

  • (1) To respondent Information about a protected minor must be released to the respondent only as provided in Code of Civil Procedure section 527.6(v)(4)(A)(ii), limited to information necessary to allow the respondent to respond to the request for the protective order and to comply with the confidentiality order and the protective order.

  • (ii) The order denying confidentiality must be filed and maintained in a public file; and

  • (B) Ordering the requesting party or the requesting party's attorney to prepare a redacted copy of all applicable documents and submit all redacted copies to the court for review and filing; or

  • (i) The court must not file the request for restraining order and the accompanying proposed order forms and must return the documents to the requester personally, destroy the documents, or delete the documents from any electronic files;

  • (3) To other persons If the court finds it is necessary to prevent harassment or is in the best interest of the minor, the court may release confidential information on the request of any person or entity or on the court's own motion.

  • (2) Number of minors A request for confidentiality by a legal guardian may be made for more than one minor. "Minor," as used in this rule, refers to all minors for whom a request for confidentiality is made.

  • (4) Whether the redactions to the applicable documents are simple or complex; and

  • (A) Information subject to an order of confidentiality issued under Code of Civil Procedure section 527.6(v) must be kept confidential in any other civil case with the same parties.

  • If a release request lacks sufficient specificity under Code of Civil Procedure section 527.6(v)(4)(C), the court may hold a closed hearing and receive relevant evidence, including testimony from the listed persons or another competent witness.

    The rule's wording

    (iii) If the court finds that the request to release confidential information is insufficiently specific to meet the requirements under Code of Civil Procedure section 527.6(v)(4)(C), the court may conduct a closed hearing to determine if there are additional facts that would support granting the request. The court may receive any relevant evidence, including testimony from the person requesting the release of a minor's confidential information, the minor, the legal guardian, the person who requested the restraining order, or other competent witness.
  • (5) When applicable, whether the selected procedure will ensure that the orders on the request for restraining order and the request for confidentiality are issued and redacted in an expeditious and timely manner.

  • b. A redacted copy of the order (form CH-179) must be filed in a public file and an unredacted copy of the order must be filed in a confidential file.

  • (3) Whether the requesting party is capable of preparing redacted materials without assistance;

  • b. The order (form CH-179) denying the release of confidential information must be filed in a public file and must not include any confidential information.

  • (2) To law enforcement Information about a minor must be shared with law enforcement as provided in Code of Civil Procedure section 527.6(v)(4)(A)(i) or by court order.

  • (1) The minor's name;

  • (3) The circumstances surrounding the protective order with respect to the minor. These include the allegations in the Request for Civil Harassment Retraining Orders (form CH-100) that involve conduct directed, in whole or in part, toward the minor; and

  • (ii) File the unredacted document in the confidential file pending receipt of the redacted document if the redacted document is not prepared on the same court day; and

  • Information about the minor ordered confidential by the court must not be made available to the public.

  • (1) Whether the requesting party is represented by an attorney;

  • (iii) The request for confidentiality must be filed and maintained in a confidential file.

  • (3) Information that is made confidential from the public and the restrained person must be filed in a confidential file accessible only to the minor or minors who are subjects of the order of confidentiality, or the legal guardian who requested confidentiality, law enforcement for enforcement purposes only, and the court.

  • (1) Person making request A request for confidentiality may be made by a minor or legal guardian.

  • (2) The minor's address;

  • (A) The order denying confidentiality must be filed and maintained in a public file. The request for confidentiality must be filed and maintained in a confidential file.

  • (iii) File the redacted document in the public file after it has been reviewed and approved by the court for accuracy.

  • (A) The judicial officer redacting all information to be kept confidential from all applicable documents;

  • (4) Any information that is made confidential from the restrained person must be redacted from the copy that will be served on the restrained person.

  • (B) Notwithstanding denial of a request to keep the minor's address confidential, the address may be confidential under other statutory provisions.

  • (4) Any other information that the minor or legal guardian believes should be confidential.

  • (i) Order a procedure for redaction consistent with the procedures stated in (f);

  • (C) Ordering any other procedure that facilitates the prompt and accurate preparation of a redacted copy of all applicable documents in compliance with the court's order granting confidentiality, provided the selected procedure is consistent with (g).

  • (2) Whether the requesting party has immediate access to a self-help center or other legal assistance;

Cal. Rules of Court, rule 3.2300. Review under Penal Code section 186.35 of law enforcement agency denial of request to remove name from shared gang database

  • (D) The procedures set out in rules 2.550 and 2.551 apply to any record sought to be filed under seal in a proceeding under this rule.

  • If the responding party indicates that the record contains information from a juvenile case file or documents that are sealed or confidential under Welfare and Institutions Code section 827, the argument must be closed to the public unless the crime charged allows for public access under Welfare and Institutions Code section 676.

Cal. Rules of Court, rule 4.119. Additional requirements in pretrial proceedings in capital cases

  • A separate list of Penal Code section 987.9 appearances must be maintained under seal for each defendant.

Cal. Rules of Court, rule 4.230. Additional requirements in capital cases

  • A separate list of Penal Code section 987.9 appearances must be maintained under seal for each defendant.

Cal. Rules of Court, rule 4.336. Confidential Can't Afford to Pay Fine Forms

  • The request form, its information, and supporting documents are confidential; the clerk's office must protect their confidentiality, and only the parties and court may access them.

    The rule's wording

    Can't Afford to Pay Fine: Traffic and Other Infractions (form TR-320/CR-320), the information it contains, and any supporting documentation are confidential. The clerk's office must maintain the form and supporting documentation in a manner that will protect and preserve their confidentiality. Only the parties and the court may access the form and supporting documentation.

Cal. Rules of Court, rule 4.571. Filing of petition in the superior court

  • (6) If any supporting documents accompanying the petition or any subsequently filed paper are sealed, rules 2.550 and 2.551 govern. Notwithstanding rule 8.45(a), if any supporting documents accompanying the petition or any subsequently filed papers are confidential records, rules 8.45(b), (c), and 8.47 govern, except that rules 2.550 and 2.551 govern the procedures for making a motion or application to seal such records.

  • (7) When other laws establish specific requirements for particular types of sealed or confidential records that differ from the requirements in this subdivision, those specific requirements supersede the requirements in this subdivision.

Cal. Rules of Court, rule 4.601. Judicial determination of factual innocence form

  • The clerk's office must maintain these forms in a manner that will protect and preserve their confidentiality.

  • The court may allow access to any other person on a showing of good cause.

  • Any Certificate of Identity Theft: Judicial Finding of Factual Innocence (form CR-150) that is filed with the court is confidential.

  • Notwithstanding (a), the court, the identity theft victim, the prosecution, and law enforcement agencies may have access to the Certificate of Identity Theft: Judicial Finding of Factual Innocence (form CR-150).

Cal. Rules of Court, rule 5.78. Actions or proceedings to determine a parental (or nonparental) relationship involving an assisted reproduction agreement

  • (3) Joint Petition to Determine Parental Relationship (form SUR-100(J)); and

  • (2) Petition to Determine Parental Relationship (form SUR-100);

  • (1) Confidential Cover Sheet—Parentage Action Involving Assisted Reproduction (form FL-211) (not used in cases involving a gestational carrier agreement);

  • Actions or proceedings to determine a parental (or nonparental) relationship involving an assisted reproduction agreement are confidential under the Uniform Parentage Act.

  • (4) All subsequent papers filed in the case.

Cal. Rules of Court, rule 5.130. Request for Special Immigrant Juvenile findings

  • Any information regarding the child's immigration status contained in a record related to a request for SIJ findings kept in the public part of the file must be redacted to prevent its inspection by any person not authorized under Code of Civil Procedure section 155(c).

  • Forms FL-356, FL-358, and FL-357 for covered SIJ requests must be kept in a confidential part of the case file or in a separate confidential file.

    The rule's wording

    The forms Confidential Request for Special Immigrant Juvenile Findings-Family Law (form FL-356), Confidential Response to Request for Special Immigrant Juvenile Findings (form FL-358), and Special Immigrant Juvenile Findings (form FL-357) must be kept in a confidential part of the case file or, alternatively, in a separate, confidential file.

Cal. Rules of Court, rule 5.215. Domestic violence protocol for Family Court Services

  • Where appropriate, Family Court Services staff must make reasonable efforts to keep residential addresses, work addresses, and contact information-including but not limited to telephone numbers and e-mail addresses-confidential in all cases and on all Family Court Services documents.

Cal. Rules of Court, rule 5.250. Children's participation and testimony in family court proceedings

  • (D) Be filed in the confidential portion of the family law file.

Cal. Rules of Court, rule 5.330. Procedures for child support case registry form

  • Provided that all information is kept confidential, the court may keep either a copy of the form or the information provided on the form in an electronic format.

Cal. Rules of Court, rule 5.382. Request to make minor's information confidential in domestic violence protective order proceedings

  • (iii) If the person who made the request for confidentiality objects to the release of information, the court may set the matter for a closed hearing.

  • b. A redacted copy of the order (form DV-179) must be filed in a public file and an unredacted copy of the order must be filed in a confidential file.

  • (iii) The request for confidentiality must be filed and maintained in a confidential file.

  • (i) The court must not file the request for restraining order and the accompanying proposed order forms and must return the documents to the requester personally, destroy the documents, or delete the documents from any electronic files;

  • (2) Whether the requesting party has immediate access to a self-help center or other legal assistance;

  • (4) Whether the redactions to the applicable documents are simple or complex; and

  • (A) The judicial officer redacting all information to be kept confidential from all applicable documents;

  • (A) The order denying confidentiality must be filed and maintained in a public file. The request for confidentiality must be filed and maintained in a confidential file.

  • (ii) The order denying confidentiality must be filed and maintained in a public file; and

  • Information about the minor ordered confidential by the court must not be made available to the public.

  • The court must decide whether to grant the request without notice to the other party or parties, and must not hold an adversarial hearing.

    The rule's wording

    The court must determine whether to grant a request for confidentiality without requiring that any notice of the request be given to the other party, or both parties if the minor is not a party in the proceeding. No adversarial hearing is to be held.
  • The court may grant the entire request, deny the entire request, or partially grant the request for confidentiality.

  • (C) Ordering any other procedure that facilitates the prompt and accurate preparation of a redacted copy of all applicable documents in compliance with the court's order granting confidentiality, provided the selected procedure is consistent with (g).

  • (5) When applicable, whether the selected procedure will ensure that the orders on the request for restraining order and the request for confidentiality are entered in an expeditious and timely manner.

  • (1) Whether the requesting party is represented by an attorney;

  • (B) Ordering the requesting party or the requesting party's attorney to prepare a redacted copy of all applicable documents and submit all redacted copies to the court for review and filing; or

  • (i) Order a procedure for redaction consistent with the procedures stated in (f);

  • (A) Information subject to an order of confidentiality issued under Family Code section 6301.5 must be kept confidential in any family law case and any other civil case with the same parties.

  • Information about a minor must be shared with law enforcement only as provided in Family Code section 6301.5(d)(1)(A) or by court order.

  • (iii) File the redacted document in the public file after it has been reviewed and approved by the court for accuracy.

  • The redacted copy or copies must be filed and maintained in a public file, and the unredacted copy or copies must be filed and maintained in a confidential file.

  • Information that is made confidential from the public and the restrained person must be filed in a confidential file accessible only to the minor or minors who are subjects of the order of confidentiality, or legal guardian who requested confidentiality, law enforcement for enforcement purposes only, and the court.

  • If the confidentiality request is insufficiently specific under Family Code section 6301.5(b), the court may take testimony from the listed witnesses at a closed hearing to determine whether additional facts support granting it.

    The rule's wording

    If the court finds that the request for confidentiality is insufficiently specific to meet the requirements under Family Code section 6301.5(b) for granting the request, the court may take testimony from the minor, or legal guardian, the person requesting a protective order, or other competent witness, in a closed hearing in order to determine if there are additional facts that would support granting the request.
  • The court may grant or deny the release request in whole or in part without a hearing, or hold a confidential hearing on at least 10 days’ notice to both requesters.

    The rule's wording

    The request may be granted or denied in whole or in part without a hearing. Alternatively, the court may set the matter for hearing on at least 10 days' notice to the person who made the request for release of confidential information and the person who made the request for confidential information. Any hearing must be confidential.
  • Information about a minor must be shared with the respondent only as provided in Family Code section 6301.5(d)(1)(B), limited to information necessary to allow the respondent to respond to the request for the protective order and to comply with the confidentiality order and the protective order.

  • (ii) File the unredacted document in the confidential file pending receipt of the redacted document if the redacted document is not prepared on the same court day; and

  • (3) Whether the requesting party is capable of preparing redacted materials without assistance;

  • If the court finds it is necessary to prevent abuse within the meaning of Family Code section 6220, or is in the best interest of the minor, the court may release confidential information on the request of any person or entity or on the court's own motion.

  • b. The order (form DV-179) denying the release of confidential information must be filed in a public file and must not include any confidential information.

  • If a release request is insufficiently specific under Family Code section 6301.5(d)(3), the court may hold a closed hearing and receive relevant evidence, including testimony from the listed witnesses.

    The rule's wording

    (iii) If the court finds that the request to release confidential information is insufficiently specific to meet the requirements under Family Code section 6301.5(d)(3), the court may conduct a closed hearing to determine if there are additional facts that would support granting the request. The court may receive any relevant evidence, including testimony from the person requesting release of the minor's confidential information, the minor, the legal guardian, the person who requested the restraining order, or other competent witness.

Cal. Rules of Court, rule 5.440. Related cases

  • Other than forms providing custody and visitation (parenting time) orders to be filed in the family court, where the identification of a related case includes a disclosure of information relating to a juvenile dependency or delinquency matter involving the children of the parties in the pending family law case, the clerk must file that information in the confidential portion of the court file.

Cal. Rules of Court, rule 5.448. Minor's request to marry or establish a domestic partnership

  • (A) Storage and disposal of records and any personal information gathered during the interviews; and

  • (B) Management of written reports containing recommendations for either granting or denying permission for a minor to marry or establish a domestic partnership.

Cal. Rules of Court, rule 5.488. Adoption record keeping

  • When a biological parent has requested confidentiality of their identity by affidavit, the Bureau of Indian Affairs must ensure the information remains confidential.

    The rule's wording

    (b) Affidavit of confidentiality to the Bureau of Indian Affairs If a biological parent has executed an affidavit requesting that his or her identity remain confidential, the court must provide the affidavit to the Bureau of Indian Affairs, which must ensure the confidentiality of the information.

Cal. Rules of Court, rule 5.510. Proper court; determination of child’s residence; exclusive jurisdiction; retention of jurisdiction after death of child or nonminor dependent

  • The court may order the placing agency to release the documents and information itemized in Welfare and Institutions Code section 10850.4(c) to the court, subject to the redactions set forth in section 10850.4(e).

Cal. Rules of Court, rule 5.522. Remote filing

  • (B) Any document received for fax filing must be filed or submitted to the court immediately on receipt and must not be placed or stored where anyone not entitled to access may examine it.

Cal. Rules of Court, rule 5.534. General provisions-all proceedings

  • When form JV-287 is received by the court, the clerk must place it in a confidential portion of the case file.

Cal. Rules of Court, rule 5.546. Prehearing discovery

  • Material ordered excised must be sealed and preserved in the records of the court for review on appeal.

  • When some parts of the materials are discoverable under (d) and (e) and other parts are not discoverable, the nondiscoverable material may be excised and need not be disclosed if the requesting party or counsel has been notified that the privileged material has been excised.

Cal. Rules of Court, rule 5.551. Confidentiality of a juvenile case file (§ 827)

  • These rules cannot permit access to or release of juvenile case file material protected by other federal or state law except as those laws provide, and cannot limit access or release those laws permit.

    The rule's wording

    Under no circumstances may this rule, rule 5.552, rule 5.553, or any subdivision of these rules be interpreted to permit access to or release of a juvenile case file, or any portion thereof, that is protected under any other federal or state law, including Penal Code section 11165 et seq., except as provided in those laws, or to limit access to or release of a juvenile case file, or any portion thereof, permitted under any other federal or state law.
  • (2) Reports to the court by probation officers, social workers of child welfare services programs, and CASA volunteers;

  • (4) Records and information relating to a child within the jurisdiction of the juvenile court, whether or not a petition has been filed, that are maintained in the office files of probation officers, social workers of child welfare services programs, and CASA volunteers;

  • (1) All records and information filed in a juvenile court case or made available to the court;

  • (5) Transcripts, records, or reports relating to matters prepared or released by the court, probation department, or child welfare services program; and

  • A juvenile case file is confidential and includes the records and information described in Welfare and Institutions Code section 827(e), as well as the following:

  • (3) Records and information made available to probation officers, social workers of child welfare services programs, and CASA volunteers in preparation of reports to the court;

  • (6) Records and information, including but not limited to video or audio recordings, photographs, digital images and recordings, and exhibits admitted into evidence at juvenile court hearings.

Cal. Rules of Court, rule 5.552. Procedure for requesting any juvenile delinquency case file and a living child’s juvenile dependency case file (§§ 827(a)(1), 827.12, 828)

  • If the court grants the petition, the court must find that the need for access outweighs the policy considerations favoring confidentiality of the juvenile delinquency case file or a living child’s juvenile dependency case files.

  • Juvenile delinquency case files and a living child’s juvenile dependency case files may be obtained or inspected, and information from the file may be disclosed, only in accordance with sections 827, 827.12, and 828.

  • The research, evaluation, or study includes a sound method for the appropriate protection of the confidentiality of an individual whose juvenile delinquency case file is accessed for this purpose.

  • The court may issue redaction and protective orders to accompany authorized disclosure, discovery, or access to the juvenile file.

    The rule's wording

    The court may issue redaction and protective orders such as Order Granting Section 827 Petition Attachment: Required Redactions (form JV-576) to accompany authorized disclosure, discovery, or access to the juvenile delinquency case file or a living child’s juvenile dependency case file.
  • The names and qualifications of any nonprobation personnel who will have access to personally identifying information as defined in Civil Code section 1798.79.8(b);

  • No further release, dissemination, or publication of personally identifying information by the probation department or a program evaluator, researcher, or research organization that is retained by the probation department will take place for research or evaluation purposes.

  • The court may permit access to the juvenile delinquency case file or a living child’s juvenile dependency case files only insofar as is necessary, and only if petitioner shows by a preponderance of the evidence that the records requested are necessary and have substantial relevance to the legitimate need of the petitioner.

  • Whether or not the court holds a hearing, if the court determines that there may be information or documents in the records sought to which the petitioner may be entitled, the juvenile court judicial officer must conduct an in camera review of the juvenile delinquency case file or a living child’s juvenile dependency case files and any objections and assume that all legal claims of privilege are asserted.

  • When deciding whether to authorize all or part of the requested inspection or release, the court must balance the interests of the child, other juvenile-court parties, the petitioner, and the public.

    The rule's wording

    In determining whether to authorize inspection or release of the juvenile delinquency case file or a living child’s juvenile dependency case files, in whole or in part, the court must balance the interests of the child and other parties to the juvenile court proceedings, the interests of the petitioner, and the interests of the public.
  • The court must review the petition for access to a juvenile delinquency case file or a living child’s juvenile dependency case file and, if petitioner does not show good cause, deny it summarily.

  • The disclosure requirements of section 10850 are met if any dependency information in a Juvenile Delinquency file may be disclosed.

  • The file may not be obtained or inspected by civil or criminal subpoena, and the information from the file may not be disclosed by testimony without a juvenile court order.

  • Procedures to mask personally identifying information that is shared electronically; and

  • Data security protocols to ensure that access to the information is limited to those people authorized by the court.

  • A date for destruction of records containing personally identifying information in the possession of nonprobation department personnel has been set to prevent inappropriate disclosure of the records.

Cal. Rules of Court, rule 5.553. Procedure for requesting a deceased child’s juvenile dependency case file (§ 827(a)(2))

  • (A) Except to the extent that the file has been released to the public by court order under section 827(a)(2) and this rule, the file may not be obtained or inspected by civil or criminal subpoena, and the information from the file may not be disclosed by testimony without a juvenile court order.

  • The court may issue redaction and protective orders such as Order Granting Section 827 Petition Attachment: Required Redactions (form JV-576) to limit public disclosure of a deceased child’s juvenile dependency case file, as necessary.

Cal. Rules of Court, rule 5.570. Request to change court order (petition for modification)

  • Form JV-182 must be kept in the court file under seal, and only the court, the agency, and the attorney for the child, nonminor, or nonminor dependent may have access to this information.

  • The listed addresses and telephone numbers may be kept confidential by filing form JV-182 with form JV-180.

    The rule's wording

    The addresses and telephone numbers of the person requesting to change the court order; the child, nonminor, or nonminor dependent; and the caregiver may be kept confidential by filing Confidential Information (Request to Change Court Order) (form JV-182) with form JV-180.

Cal. Rules of Court, rule 5.720. Eighteen-month permanency review hearing

  • (2) The court may order that the name and address of the foster home remain confidential.

Cal. Rules of Court, rule 5.722. Twenty-four-month subsequent permanency review hearing

  • The court may order that the name and address of the foster home remain confidential.

Cal. Rules of Court, rule 5.726. Prospective adoptive parent designation (§§ 366.26(n), 16010.6)

  • If the telephone or address of the caregiver or the child is confidential, all forms must be kept in the court file under seal.

  • Only the court, the child's attorney, the agency, and the child's CASA volunteer may have access to this information.

  • Form JV-322 must be kept in the court file under seal, and only the court, the child's attorney, the agency, and the child's CASA volunteer may have access to this information.

Cal. Rules of Court, rule 5.727. Proposed removal (§ 366.26(n))

  • If the telephone or address of the caregiver or the child is confidential, all forms must be kept in the court file under seal. Only the court, the child's attorney, the agency, and the child's CASA volunteer may have access to this information.

Cal. Rules of Court, rule 5.728. Emergency removal (§ 366.26(n))

  • If the telephone or address of the caregiver or the child is confidential, all forms must be kept in the court file under seal. Only the court, the child's attorney, the agency, and the child's CASA volunteer and program may have access to this information.

Cal. Rules of Court, rule 5.800. Deferred entry of judgment

  • Find that the child has complied satisfactorily with the conditions imposed, dismiss the petition, and seal the court records in compliance with section 793(c); or

  • Find that the child has complied satisfactorily with the conditions imposed, dismiss the petition, seal the court records in compliance with section 793(c), and vacate the date set for review hearing; or

Cal. Rules of Court, rule 5.811. Modification to transition jurisdiction for a ward older than 17 years and 5 months with a petition subject to dismissal (Welf. & Inst. Code, §§ 450, 451, 727.2(i)-(j), 778; Pen. Code, § 236.14)

  • (3) An order directing the Department of Justice and any law enforcement agency that has records of the arrest to seal those records and, three years from the date of the arrest or one year after the order to seal, whichever occurs later, destroy them.

Cal. Rules of Court, rule 5.812. Additional requirements for any hearing to terminate jurisdiction over child in foster care and for status review or dispositional hearing for child approaching majority (§§ 450, 451, 727.2(i)-(j), 778)

  • An order directing the Department of Justice and any law enforcement agency that has records of the arrest to seal those records and destroy them three years from the date of the arrest or one year after the order to seal, whichever occurs later.

Cal. Rules of Court, rule 5.830. Sealing records (§ 781)

  • (1) For all other persons described in section 781, application may be submitted to the probation department in any county in which there is a juvenile record concerning the petitioner, and the procedures of (a) must be followed.

  • (2) Send a certified copy of the order to the clerk in each county in which a record is ordered sealed.

  • The order must apply in the county of the court hearing the petition and in all other counties in which there are juvenile records concerning the petitioner.

  • Determinations under section 781 may be made by the court in any county in which wardship was terminated.

  • (5) The court must review the petition and the report of the probation officer, and the court must grant or deny the petition.

  • A former ward of the court may apply to petition the court to order juvenile records sealed.

  • (c) Destruction of records All records sealed must be destroyed according to section 781(d).

  • (1) Send a copy of the order to each agency and official listed in the order; and

  • The application for a petition to seal records must be submitted to the probation department in the county in which wardship was terminated.

  • A court may seal the records of another court when it determines that it is appropriate to do so, and must make a determination on sealing those records if the case has been transferred to its jurisdiction under rules 5.610 and 5.612.

  • (e) Deadline for sealing Each agency and official notified must immediately seal all records as ordered.

  • If the court determines that sealing the records of another court for a petition that has not been transferred is inappropriate, it must inform the petitioner that a petition to seal those records can be filed in the county where the other court is located.

Cal. Rules of Court, rule 5.840. Dismissal of petition and sealing of records (§ 786)

  • Each notified agency, individual, and official must immediately seal the records as ordered.

    The rule's wording

    Each agency, individual, and official notified must immediately seal all records as ordered and advise the court that its sealing order has been completed using form JV-591, Acknowledgment of Juvenile Record Sealed, or another means.
  • For any petition dismissed under section 786, including one dismissed before adjudication, the court must order the specified court, law-enforcement, probation, and Department of Justice records sealed using form JV-596 or a similar form.

    The rule's wording

    For any petition dismissed by the court under section 786, including any petition dismissed before adjudication, the court must also order sealed all records in the custody of the court, law enforcement agencies, the probation department, and the Department of Justice pertaining to those dismissed petition(s) using form JV-596, Dismissal and Sealing of Records—Welfare and Institutions Code Section 786, or a similar form.
  • The court may also seal records pertaining to these cases in the custody of other public agencies upon a request by an individual who is eligible to have records sealed under section 786, if the court determines that sealing the additional record(s) will promote the successful reentry and rehabilitation of the individual.

  • The prosecuting attorney, probation officer, and court must have access to these records as specifically provided in section 786.

  • Access to the records for research purposes must be provided as required in section 787.

Cal. Rules of Court, rule 5.850. Sealing of records by probation in diversion cases (§ 786.5)

  • Upon satisfactory completion of a qualifying diversion or supervision program, the probation department must seal its arrest and related program records.

    The rule's wording

    Upon satisfactory completion of a program of diversion or supervision under a referral by the probation officer or the prosecutor instead of filing a petition to adjudge the person a ward of the juvenile court, including a program of informal supervision under section 654, the probation department must seal the arrest and other records in its custody relating to the arrest or referral and participation in the program.
  • If the court finds after the hearing that the petitioner is eligible to have the records sealed under section 786.5, it must order the probation department to promptly comply with the sealing and notice requirements of this rule.

  • The probation department must also notify the public or private agency operating the diversion program to which the person has been referred to seal any records in its custody relating to the arrest or referral and participation in the program, and the operator of the program must do so promptly.

Cal. Rules of Court, rule 5.900. Nonminor dependent-preliminary provisions (§§ 224.1(b), 295, 303, 366, 366.3, 388, 391, 607(a))

  • The clerk of the superior court must open a separate court file for nonminor dependents under the dependency, delinquency, or transition jurisdiction of the court that ensures the confidentiality of the nonminor dependent and allows access only to those listed in section 362.5.

Cal. Rules of Court, rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1)

  • Form JV-468 must be kept under seal, with access limited to the listed court, agency, tribal, and attorney recipients.

    The rule's wording

    Form JV-468 must be kept in the court file under seal, and only the court, the child welfare services agency, the probation department, or the Indian tribe with an agreement under section 10553.1 to provide child welfare services to Indian children (Indian tribal agency), the attorney for the child welfare services agency, the probation department, or the Indian tribe, and the nonminor's attorney may have access to this information;

Cal. Rules of Court, rule 7.10. Ex parte communications in proceedings under the Probate Code and certain other proceedings

  • The court may place its findings and the preserved communication under seal or otherwise secure their confidentiality.

Cal. Rules of Court, rule 7.1001. Guardian screening form

  • The clerk must maintain these forms in a manner that will protect and preserve their confidentiality.

  • The Confidential Guardian Screening Form and the information contained on the form are confidential.

Cal. Rules of Court, rule 7.1003. Confidential guardianship status report form

  • (1) Except as provided in paragraph 2, the clerk must make a status report submitted under Probate Code section 1513.2 available only to persons served in the guardianship proceedings or their attorneys.

  • (3) Paragraphs (1) and (2) are not intended to preclude an interested person or an Indian child's tribe that has not intervened from filing a petition for a court order directing the clerk to make the status report available to that person or tribe.

  • (2) If the ward is an Indian child and the child's tribe has intervened in the proceeding, the clerk must also make the status report available to the representative designated by the child's tribe.

Cal. Rules of Court, rule 7.1016. Participation and testimony of wards in guardianship proceedings (Pro. Code, § 1514(b)(1); Fam Code, § 3042)

  • (D) Be filed in the confidential portion of the case file.

Cal. Rules of Court, rule 7.1050. Conservator forms

  • The forms and their contents are confidential, and the clerk must maintain the forms in a way that protects and preserves that confidentiality.

    The rule's wording

    The Confidential Conservator Screening Form, the Confidential Supplemental Information statement, and the information contained on these forms are confidential. The clerk must maintain these forms in a manner that will protect and preserve their confidentiality.

Cal. Rules of Court, rule 7.2210. General provisions

  • Rules 2.550 and 2.551 do not apply to motions to seal records under section 5976.5(e).

  • In CARE Act proceedings, the listed records are confidential and may be inspected or copied only by the specified persons, or by the respondent’s supporter with the respondent’s express consent, unless there is a court order.

    The rule's wording

    All documents filed and all evaluations, reports, and other documents submitted to the court in CARE Act proceedings are confidential, notwithstanding disclosure of their contents during a CARE Act hearing. No person other than the respondent, the respondent’s counsel, the county behavioral health director or the director’s designee, counsel for the director or the director’s designee, and, with the respondent’s express consent given in writing or orally in court, the respondent’s supporter may inspect or copy the case records without a court order.

Cal. Rules of Court, rule 8.26. Waiver of fees and costs

  • No person may reveal any information contained in the application except as authorized by law or order of the court.

  • An order granting access to an application or financial information may include limitations on who may access the information and on the use of the information after it has been released.

  • No person may have access to an application for an initial fee waiver submitted to the court except the court and authorized court personnel, any persons authorized by the applicant, and any persons authorized by order of the court.

Cal. Rules of Court, rule 8.41. Protection of privacy in documents and records

  • The provisions on protection of privacy in rule 1.201 apply to documents and records under these rules.

Cal. Rules of Court, rule 8.45. General provisions

  • A reporter's transcript or any document related to an in-camera hearing concerning a confidential informant under Evidence Code sections 1041-1042 must be transmitted only to the reviewing court.

  • A probation report must be transmitted only to the reviewing court and to appellate counsel for the People and the defendant who was the subject of the report.

  • Unless rule 8.45(d)(3)–(5), other law, or court order provides otherwise, covered sealed or confidential records must be transmitted to and examined only by the reviewing court and parties who had access below; if only a party's attorney had access, only that attorney may examine the record.

    The rule's wording

    Unless otherwise provided by (3)-(5) or other law or court order, a sealed or confidential record that is part of the record on appeal or the supporting documents or other records accompanying a motion, petition for a writ of habeas corpus, other writ petition, or other filing in the reviewing court must be transmitted only to the reviewing court and the party or parties who had access to the record in the trial court or other proceedings under review and may be examined only by the reviewing court and that party or parties. If a party's attorney but not the party had access to the record in the trial court or other proceedings under review, only the party's attorney may examine the record.
  • Except as provided in (4), if the record is a reporter's transcript or any document related to any in-camera hearing from which a party was excluded in the trial court, the record must be transmitted to and examined by only the reviewing court and the party or parties who participated in the in-camera hearing.

  • A sealed or confidential record must be transmitted in a secure manner that preserves the confidentiality of the record.

Cal. Rules of Court, rule 8.46. Sealed records

  • On receipt of this notification, the clerk must unseal and file the lodged unredacted version.

  • the appellant or petitioner must lodge the subject record labeled as conditionally under seal in the reviewing court as provided in (d)(3)-(5)

  • the reviewing court must maintain the record conditionally under seal during the pendency of the appeal or original proceeding.

  • If necessary to prevent disclosure of material contained in a conditionally sealed record, any motion or application, any opposition, and any supporting documents must be filed in a redacted version and lodged in a complete unredacted version conditionally under seal.

  • The sealed record must remain sealed unless the reviewing court orders otherwise under (e).

  • At the same time, the party must lodge the record under (3), unless good cause is shown not to lodge it.

  • A record not filed in the trial court may be filed under seal in the reviewing court only by order of the reviewing court; it must not be filed under seal solely by stipulation or agreement of the parties.

  • If it is necessary to disclose material contained in a conditionally sealed record in a filing in the reviewing court: (A) A public redacted version must be filed.

  • A sealed record must not be unsealed except on order of the reviewing court.

  • Once the reviewing court's decision on the appeal or original proceeding becomes final, the clerk must (1) return the lodged record to the lodging party if it is in paper form, or (2) permanently delete the lodged record if it is in electronic form.

  • A record filed or lodged publicly in the trial court and not ordered sealed by that court must not be filed under seal in the reviewing court.

  • Unless the sealing order provides otherwise, it prohibits the parties from disclosing the contents of any materials that have been sealed in anything that is subsequently publicly filed.

  • The record must remain conditionally under seal pending determination of the motion or application.

  • Any person or entity may serve and file a motion, application, or petition in the reviewing court to unseal a record.

  • On receiving a lodged record, the clerk must note the date of receipt on the cover sheet and retain but not file the record.

  • Rule 8.45 governs the form and transmission of and access to sealed records.

  • If necessary to prevent disclosure of material contained in a sealed record, the motion, application, or petition under (2) and any opposition, response, and supporting documents under (2) or (3) must be filed in both a redacted version and a complete unredacted version.

  • If it is necessary to disclose material contained in a sealed record in a filing in the reviewing court, two versions must be filed: (A) A public redacted version.

  • An order sealing the record must direct the sealing of only those documents and pages or, if reasonably practical, portions of those documents and pages, that contain the material that needs to be placed under seal. All other portions of each document or page must be included in the public file.

  • On receipt of this notification, the clerk must unseal and file the record.

  • The court may order a record filed under seal only if it makes the findings required by rule 2.550(d)-(e).

  • In determining whether to unseal a record, the court must consider the matters addressed in rule 2.550(c)-(e).

  • Nothing filed publicly in the reviewing court-including any application, brief, petition, or memorandum-may disclose material contained in a record that is sealed, lodged conditionally under seal, or otherwise subject to a pending motion to file under seal.

Cal. Rules of Court, rule 8.47. Confidential records

  • File a redacted version of the brief, petition, or other filing that he or she is requesting be filed under seal.

  • Nothing filed publicly in the reviewing court-including any application, brief, petition, or memorandum-may disclose material contained in a confidential record, including a record that, by law, a party may choose be kept confidential in reviewing court proceedings and that the party has chosen to keep confidential.

  • File a public redacted version of the brief, petition, or other filing that he or she is requesting be filed under seal.

  • Lodge an unredacted version of the brief, petition, or other filing that he or she is requesting be filed under seal.

  • On receipt of this notification, the clerk must unseal and file the lodged unredacted brief, petition, or other filing.

  • If the defendant does not notify the court within 10 days of the order, the clerk must (1) return the lodged unredacted brief, petition, or other filing to the defendant if it is in paper form, or (2) permanently delete the lodged unredacted brief, petition, or other filing if it is in electronic form.

  • Except as otherwise provided in this rule, rule 8.46(d) governs a motion or application under this subdivision.

  • To maintain the confidentiality of material contained in a confidential record, if it is necessary to disclose such material in a filing in the reviewing court, a party may serve and file a motion or application in the reviewing court requesting permission for the filing to be under seal.

  • The requirement to publicly file the redacted version does not apply in juvenile cases; rule 8.401 generally governs access to filings in juvenile cases.

  • A defendant may serve and file a motion or application in the reviewing court requesting permission to file under seal a brief, petition, or other filing that raises a Marsden issue or an issue related to another in-camera hearing covered by this subdivision and requesting an order maintaining the confidentiality of the relevant material from the reporter's transcript of or documents filed or lodged in connection with the in-camera hearing.

  • The brief, including any portion that discloses matters contained in the transcript of the in-camera hearing, and other documents filed or lodged in connection with the hearing, must be filed publicly.

  • If the party who filed the motion or application does not notify the court within 10 days of the order, the clerk must (1) return the lodged unredacted brief, petition, or other filing to the lodging party if it is in paper form, or (2) permanently delete the lodged unredacted brief, petition, or other filing if it is in electronic form.

Cal. Rules of Court, rule 8.74. Format of electronic documents

  • Electronic filers must comply with rules 1.201, 8.45, 8.46, 8.47, and 8.401 regarding the protection of sensitive information, except for those requirements exclusively applicable to paper form.

  • Under rule 8.45(c)(1), electronic records that are sealed or confidential must be filed separately from publicly filed records.

  • Separately-filed sealed or confidential records must comply with this rule and rules 8.45, 8.46, and 8.47.

Cal. Rules of Court, rule 8.83. Public access

  • For records the court allows to be accessed remotely under (d), the listed information must be redacted, juror identifying information may not be provided remotely, and the court may order a filer to provide both unredacted and redacted document versions.

    The rule's wording

    The following information must be redacted from records to which the court allows remote access under (d): driver's license numbers; dates of birth; social security numbers; Criminal Identification and Information and National Crime Information numbers; addresses, e-mail addresses, and phone numbers of parties, victims, witnesses, and court personnel; medical or psychiatric information; financial information; account numbers; and other personal identifying information. The court may order any party who files a document containing such information to provide the court with both an original unredacted version of the document for filing in the court file and a redacted version of the document for remote electronic access. No juror names or other juror identifying information may be provided by remote electronic access.

Cal. Rules of Court, rule 8.144. Form of the record

  • The clerk's and reporter's transcripts must comply with rules 8.45-8.47 relating to sealed and confidential records.

Cal. Rules of Court, rule 8.208. Certificate of Interested Entities or Persons

  • If the application is granted, the party must file the certificate under seal and without service within 10 days of the court's order granting the application.

  • If the identity of any party or any entity or person subject to disclosure under this rule has not been publicly disclosed in the proceedings and a party wants to keep that identity confidential, the party may serve and file an application for permission to file its certificate under seal separately from its principal brief, motion, application, or opposition.

Cal. Rules of Court, rule 8.212. Service and filing of briefs

  • If the brief discloses material contained in a sealed or conditionally sealed record, the party serving the brief must comply with rule 8.46(f) and attach a cover sheet that contains the information required by rule 8.204(b)(10).

  • If the brief discloses material contained in a sealed or conditionally sealed record, the party serving the brief must comply with rule 8.46(f) and include as the first page in the PDF document a cover sheet that contains the information required by rule 8.204(b)(10).

  • In the absence of such notice, the clerk/executive officer of the Supreme Court must keep all copies of the unredacted brief under seal.

Cal. Rules of Court, rule 8.332. Juror-identifying information

  • The superior court clerk must prepare and keep under seal in the case file a table correlating the jurors' names with their identifying numbers.

  • The addresses and telephone numbers of trial jurors and alternates sworn to hear the case must be deleted from all documents.

  • The name of each trial juror or alternate sworn to hear the case must be replaced with an identifying number wherever it appears in any document.

  • Information identifying potential jurors called but not sworn as trial jurors or alternates must not be sealed unless otherwise ordered under Code of Civil Procedure section 237(a)(1).

Cal. Rules of Court, rule 8.380. Petition for writ of habeas corpus filed by petitioner not represented by an attorney

  • If any supporting documents accompanying the petition are sealed or confidential records, rules 8.45-8.47 govern these documents.

Cal. Rules of Court, rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party

  • If any supporting documents accompanying the petition are sealed or confidential records, rules 8.45-8.47 govern these documents.

Cal. Rules of Court, rule 8.395. Record on appeal

  • (2) The clerk's and reporter's transcripts must comply with rules 8.45-8.47, relating to sealed and confidential records, and rule 8.144.

Cal. Rules of Court, rule 8.397. Claim of ineffective assistance of trial counsel not raised in the superior court

  • If any documents in the proffer are sealed or confidential records, rules 8.45-8.47 govern these documents.

Cal. Rules of Court, rule 8.401. Confidentiality

  • A filed document that protect anonymity as required by (a) may be inspected by any person or entity that is considering filing an amicus curiae brief.

  • Except as provided in (2)-(4), a filed document, the record on appeal, or the record on a writ petition may be inspected only by the reviewing court, appellate project personnel, the parties, attorneys for the parties, or other persons the reviewing court may designate.

  • Access to a filed document or items in the record on appeal or the record on a writ petition that are sealed or confidential under authority other than Welfare and Institutions Code section 827 is governed by rules 8.45-8.47 and the applicable statute, rule, sealing order, or other authority.

  • Access to juvenile case-file records, including records included in an appeal or writ record, is governed by Welfare and Institutions Code section 827; a person outside section 827(a)(1)(A)-(P) may access them only after petitioning under section 827(a)(1)(Q) and receiving an access order from the juvenile court.

    The rule's wording

    Access to records in the juvenile case file, including any such records made part of the record on appeal or the record on a writ petition, is governed by Welfare and Institutions Code section 827. A person who is not described in section 827(a)(1)(A)-(P) may not access records in the juvenile case file, including any such records made part of the record on appeal or the record on a writ petition, unless that person petitioned the juvenile court under section 827(a)(1)(Q) and was granted access by order of the juvenile court.

Cal. Rules of Court, rule 8.482. Appeal from judgment authorizing conservator to consent to sterilization of conservatee

  • (2) Material under (1) must be sent to the reviewing court in a secure manner that preserves its confidentiality. If the material is in paper format, it must be sent to the reviewing court in a sealed envelope marked "CONFIDENTIAL-MAY NOT BE EXAMINED WITHOUT A COURT ORDER."

  • (1) Written reports of physicians, psychologists, and clinical social workers, and any other matter marked confidential by the court, may be inspected only by court personnel, the parties and their counsel, the district appellate project, and other persons designated by the court.

Cal. Rules of Court, rule 8.486. Petitions

  • Rules 8.45-8.47 govern sealed and confidential records in proceedings under this chapter.

Cal. Rules of Court, rule 8.488. Certificate of Interested Entities or Persons

  • If the identity of any party has not been publicly disclosed in the proceedings, the party may file an application for permission to file its certificate under seal separately from the petition, preliminary opposition, or return.

Cal. Rules of Court, rule 8.610. Contents and form of the record

  • Rules 8.45-8.47 govern sealed and confidential records in appeals under this chapter.

  • Any document in the record containing juror-identifying information must be edited in compliance with rule 8.611.

Cal. Rules of Court, rule 8.611. Juror-identifying information

  • The name of each trial juror or alternate sworn to hear the case must be replaced with an identifying number wherever it appears in any document.

  • Information identifying potential jurors called but not sworn as trial jurors or alternates must not be sealed unless otherwise ordered under Code of Civil Procedure section 237(a)(1).

  • The superior court clerk must prepare and keep under seal in the case file a table correlating the jurors' names with their identifying numbers.

  • The addresses and telephone numbers of trial jurors and alternates sworn to hear the case must be deleted from all documents.

Cal. Rules of Court, rule 8.619. Certifying the trial record for completeness

  • (3) A copy of a sealed or confidential transcript delivered in electronic form must be separated from any other transcripts and labeled as required by rule 8.45.

Cal. Rules of Court, rule 8.818. Waiver of fees and costs

  • No person may reveal any information contained in the application except as authorized by law or order of the court.

  • No person may have access to an application for an initial fee waiver submitted to the court except the court and authorized court personnel, any person authorized by the applicant, and any persons authorized by order of the court.

  • An order granting access to an application or financial information may include limitations on who may access the information and on the use of the information after it has been released.

Cal. Rules of Court, rule 8.861. Contents of clerk's transcript

  • If a record was closed to public inspection in the trial court because it is required to be kept confidential by law, it must remain closed to public inspection in the appellate division unless that court orders otherwise;

Cal. Rules of Court, rule 8.871. Juror-identifying information

  • Information identifying potential jurors called but not sworn as trial jurors or alternates must not be sealed unless otherwise ordered under Code of Civil Procedure section 237(a)(1).

  • The trial court clerk must prepare and keep under seal in the case file a table correlating the jurors' names with their identifying numbers.

Cal. Rules of Court, rule 9.15. Petitions for review by State Bar in moral character proceedings

  • All filings under this rule are confidential unless: (1) the applicant waives confidentiality in writing; or (2) the Supreme Court grants review.

  • Once the Supreme Court grants review, filings under this rule are open to the public; however, if good cause exists, the Supreme Court may order portions of the record or the identity of witnesses or other third parties to the proceedings to remain confidential.

Cal. Rules of Court, rule 9.81. Supreme Court Advisory Committee on the Code of Judicial Ethics

  • When seeking public comment under (g)(1), the committee must permit commenters to request that their comments remain confidential or anonymous.

    The rule's wording

    Because the Code of Judicial Ethics addresses sensitive subjects that are often informed by actual experiences, in seeking public comment under (g)(1) of this rule, the committee shall permit commenters to request that their comments remain confidential or anonymous.
  • In determining whether to grant a request for confidentiality or anonymity, the committee shall consider whether granting the request is necessary in order to encourage honest and constructive feedback from a broad spectrum of perspectives and outweighs the necessity for disclosure in the interests of justice.

Cal. Rules of Court, rule 10.500. Public access to judicial administrative records

  • When exempt information is reasonably segregable, the entity must provide the record after deleting it, and a judicial-administrative portion need be provided only if reasonably segregable from the adjudicative portion.

    The rule's wording

    (C) If a judicial administrative record contains information that is exempt from disclosure and the exempt portions are reasonably segregable, a judicial branch entity must allow inspection and copying of the record after deletion of the portions that are exempt from disclosure. A judicial branch entity is not required to allow inspection or copying of the portion of a writing that is a judicial administrative record unless that portion is reasonably segregable from the portion that constitutes an adjudicative record.

Cal. Rules of Court, rule 10.855. Superior court records sampling program

  • (2) Sealed and confidential records are made available to the public only as provided by law.