RULE 3.4. PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT
(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
or, in a criminal case, the home address of an individual, 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; and
(4) the last four digits of the financial-account number
(5) in a criminal case, the city and state of the home address.
(b) Responsibility of Party or Nonparty to Redact. A party or nonparty making a filing with the court is solely responsible for ensuring that protected information does not appear on the filing. The clerk of district court is not required to review a document filed with the court for compliance with this rule.
(b) (c) 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
(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; and
(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.
(c) (d) 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) (e) 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.
(e) (f) 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 separately docket and retain the
unredacted copy document as part of the record and indicate that it is filed under seal.
(f) (g) Option for Filing a Reference List Confidential Information Form.
(1) In General. (1) In General. A filing that contains redacted information may be
filed together with a reference list confidential information form that identifies each item of
redacted information and specifies an appropriate identifier that uniquely corresponds to
each item listed. The list form 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
(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. In a
criminal case, the prosecutor must file a confidential information form that includes, when
known, the defendant's social security number and birth date.
(g) (h) 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 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 exclude personal protected
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
(e) (f) 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)
(f), 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 indicate it is the responsibility of a party or nonparty making a court filing to refrain from including protected information in the filing.
(b) (c) 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.
(e) (f) was amended, effective _____________, to clarify how
unredacted documents filed under seal are to be handled and docketed.
(f) (g) was amended, effective _____________, to eliminate the
requirement that state's attorneys file reference lists containing certain defendant information
to require that state's attorneys file confidential information forms containing certain
defendant information when known.
(g) (h) 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 September 24-25, 2009, pages ____; May 21-22, 2009, pages ____; 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