(a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing
with the court that contains an individual’s social-security number, taxpayer-identification
number, or birth date, the name of an individual known to be a minor, a financial-account
or, in a criminal case, the home address of an individual,
a party or nonparty making
the filing must include only:
(b) Exemptions from the Redaction Requirement.
(1) the last four digits of the social-security number and taxpayer-identification
(2) the year of the individual’s birth;
(3) the minor’s initials; and
(4) the last four digits of the financial-account number
(5) in a criminal case, the city and state of the home address.
The redaction requirement does not
apply to the following:
(1) a financial-account number or real property address that identifies the property
allegedly subject to forfeiture in a forfeiture proceeding;(c) Filings Made Under Seal.
(2) the record of an administrative or agency proceeding;
(3) the record of a court or tribunal, if that record was not subject to the redaction
requirement when originally filed;
(4) a filing covered by Rule 3.4(c);
(5) a court filing that is related to a criminal matter and that is prepared before the
filing of a criminal charge or is not filed as part of any docketed criminal case;
(6) an arrest or search warrant;
(7) a charging document and an affidavit filed in support of a charging document;
(8) the name of an individual known to be a minor when the minor is a party, and
there is no statute, regulation or rule mandating nondisclosure.
The court may order that a filing be made under seal
without redaction. The court may later unseal the filing or order the person who made the
filing to file a redacted version for the public record.(d) Protective Orders.
For good cause, the court may by order in a case:
(1) require redaction of additional information; or(e)
(2) limit or prohibit a nonparty’s remote electronic access to a document filed with the
Option for Additional Unredacted Filing Unredacted Document Under Seal.
making a redacted
filing a redacted document
may also file an unredacted
version of the document
under seal. The court must separately docket and
as part of the record and indicate that it is filed under seal
.(f) Option for Filing a Reference List.
(g) Non-conforming Documents.
(1) In General. A filing that contains redacted information may be filed together with
a reference list that identifies each item of redacted information and specifies an appropriate
identifier that uniquely corresponds to each item listed. The list must be filed under seal and
may be amended as of right. Any reference in the case to a listed identifier will be construed
to refer to the corresponding item of information.
(2) Defendant Information. In a criminal case, the prosecutor must file a reference list
that includes the defendant’s social security number, birth date and street address.
(1) Waiver. A person waives the protection of Rule 3.4(a) as to the person’s own
information by filing it without redaction and not under seal.
(2) Sanctions. If a party fails to comply with this rule, the court on motion of another
party or its own motion, may order the pleading or other document to be returned to the party
for reformation prior to filing,
be reformed with an extension of time to complete the filing
within any applicable deadline. If the document has been filed, and an order to reform is not
obeyed, the court may order the document stricken.
Rule 3.4 was adopted effective March 1, 2009. Rule 3.4 was amended, effective
March 15, 2009; _____________________
.Parties should limit the amount of protected information they include in court filings.
This rule requires parties to redact protected information when its inclusion in a filing cannot
be avoided. This rule’s redaction requirements are intended to protect personal information from
public disclosure. Unless a document is also placed in a non-restricted file, redaction of
documents filed in cases that are confidential by law or rule is not required.The term “financial-account number” includes any credit, debit or electronic fund
transfer card numbers, and any other financial account number.Documents containing unredacted protected information should be filed under
subdivision (e) when a party is required by statute, policy or rule to include the protected
information in the document. For example, N.D.C.C. § 14-05-02.1 requires a divorce decree
to contain the social security numbers of the parties to the divorce. Under subdivision (e),
a party to a divorce case may comply with this statute and the redaction requirements of this
rule by filing a unredacted divorce decree under seal and a redacted version of the decree in
the public part of the file.Subdivision (a) was amended, effective _____________, to eliminate the requirement
to redact addresses in criminal matters.Subdivision (b) was amended, effective _____________, to add a redaction exemption
for the name of a minor when the minor is a party and there is no statute, regulation or rule
mandating nondisclosure of the minor’s name.Subdivision (e) was amended, effective _____________, to clarify how unredacted
documents filed under seal are to be handled and docketed.Subdivision (f) was amended, effective _____________, to eliminate the requirement
that state’s attorneys file reference lists containing certain defendant information.Subdivision (g) was amended, effective _____________, to allow courts to order
reformation of documents not in conformity with this rule prior to filing.
Sources: Joint Procedure Committee Minutes of May 21-22, 2009, pages ____;
January 24, 2008, pages 9-12; October 11-12, 2007, pages 28-30; April 26-27, 2007, page
31.Statutes Affected:Considered: N.D.C.C. § 14-05-02.1.
Cross Reference: N.D.R.Ct. 3.1 (Pleadings); N.D. Sup. Ct. Admin. R. 41 (Access to