RULE 3.4. PRIVACY PROTECTION FOR FILINGS MADE WITH
THE COURT (a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper
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
number, or, in a criminal case, the home street address of
a witness or juror,
a party or nonparty making the filing must include only:
(1) the last four digits of the social-security number and taxpayer-identification number;
(2) the year of the individual's birth;
(3) the minor's initials;
(4) the last four digits of the financial-account number; and
(5) in a criminal case, the city and state of the home address of a witness or juror.
(b) Exemptions from the Redaction Requirement. 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;
(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; and
(6) an arrest or search warrant
(7) a charging document and an affidavit filed in support of a charging
(c) Filings Made Under Seal. 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
(2) limit or prohibit a nonparty's remote electronic access to a document filed with the court.
Option for Additional Unredacted Filing Unredacted
Document Under Seal. A person
making a redacted filing a redacted document may also file an
unredacted copy version of
the document under seal. The court must retain the unredacted copy
document as part of the
Option for Filing a Reference List.
(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.
(g) Non-conforming Documents.
(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 reformed. If the order 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. Redaction of documents filed in cases that are confidential by law or rule is not required.
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 (b) was amended, effective _____________, to eliminate the redaction exemption for charging documents in criminal cases.
Sources: Joint Procedure Committee Minutes of __________________________; January 24, 2008, pages 9-12; October 11-12, 2007, pages 28-30; April 26-27, 2007, page 31.
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 Judicial