RULE 3.4. PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT
1 (a) Redacted Filings.
2 (1) In General. Unless the court orders otherwise, in an electronic or paper
3 filing with the court that contains an individual's social-security number,
4 taxpayer-identification number, or birth date, the name of an individual known to
5 be a minor, a financial-account number, a party or nonparty making the filing must
6 include only:
(1) (A) the last four digits of the social-security
8 taxpayer-identification number;
(2) (B) the year of the individual's birth;
(3) (C) the minor's initials; and
(4) (D) the last four digits of the financial-account
12 (2) Victim Information. If a victim requests, all victim contact information
13 must be redacted from documents to be filed with the court.
14 (b) Responsibility of Party or Nonparty to Redact. A party or nonparty
15 making a filing with the court is solely responsible for ensuring that protected
16 information does not appear on the filing.
17 (c) Exemptions from the Redaction Requirement.
18 The redaction requirement does not apply to the following:
19 (1) a financial-account number or real property address that identifies the
20 property allegedly subject to forfeiture in a forfeiture proceeding;
21 (2) the record of an administrative or agency proceeding;
22 (3) the record of a court or tribunal, if that record was not subject to the
23 redaction requirement when originally filed;
24 (4) a filing covered by Rule 3.4 (d);
25 (5) a court filing that is related to a criminal matter and that is prepared
26 before the filing of a criminal charge or is not filed as part of any docketed
27 criminal case;
28 (6) an arrest or search warrant;
29 (7) a charging document and an affidavit filed in support of a charging
31 (8) the name of an individual known to be a minor when the minor is a
32 party, and there is no statute, regulation or rule mandating nondisclosure; and
33 (9) a defendant's date of birth in a court filing that is related to criminal
34 matters, non-criminal motor vehicle and game and fish matters, and infractions.
35 (d) Filings Made Under Seal. The court may order that a filing be made
36 under seal without redaction. The court may later unseal the filing or order the
37 person who made the filing to file a redacted version for the public record.
38 (e) Protective Orders. For good cause, the court may by order in a case:
39 (1) require redaction of additional information; or
40 (2) limit or prohibit a nonparty's remote electronic access to a document
41 filed with the court.
42 (f) Filing a Confidential Information Form.
43 (1) In General. A filing that contains redacted information must be filed
44 together with a confidential information form (shown in Appendix H) that
45 identifies each item of redacted information and specifies an appropriate identifier
46 that uniquely corresponds to each item listed. The form will be confidential except
47 as to the parties or as the court may direct. Any reference in the case to a listed
48 identifier will be construed to refer to the corresponding item of information.
49 (2) Defendant Information. In a criminal case, the prosecutor must file a
50 confidential information form that includes, when known, the defendant's social
51 security number.
52 (g) Non-conforming Documents.
53 (1) Waiver. A person waives the protection of Rule 3.4 (a) as to the person's
54 own information by filing it without redaction and not under seal.
55 (2) Sanctions. If a party fails to comply with this rule, the court on motion
56 of another party or its own motion, may order the pleading or other document to be
57 returned to the party for reformation prior to filing, with an extension of any
58 deadline to complete the filing. If the document has been filed, and an order to
59 reform is not obeyed, the court may order the document stricken.
60 EXPLANATORY NOTE
61 Rule 3.4 was adopted effective March 1, 2009. Rule 3.4 was amended,
62 effective March 15, 2009; March 1, 2010;_________________.
63 Parties should limit the amount of protected information they include in
64 court filings. This rule requires parties to redact protected information when its
65 inclusion in a filing cannot be avoided.
66 This rule's redaction requirements are intended to exclude protected
67 information from public disclosure. Unless a document is also placed in a
68 non-restricted file, redaction of documents filed in cases that are confidential by
69 law or rule is not required.
70 The term "financial-account number" includes any credit, debit or electronic
71 fund transfer card numbers, and any other financial account number.
72 Documents containing redacted protected information must be filed
73 together with a confidential information form under subdivision (f) when a party is
74 required by statute, policy or rule to include the protected information in the
75 document. For example, N.D.C.C. § 14-05-02.1 requires a divorce decree to
76 contain the social security numbers of the parties to the divorce. Under subdivision
77 (f), a party to a divorce case may comply with this statute and the redaction
78 requirements of this rule by filing a confidential information form and a redacted
79 version of the decree in the public part of the file.
80 Subdivision (a) was amended, effective March 1, 2010, to eliminate the
81 requirement to redact addresses in criminal matters.
82 Subdivision (a) was amended, effective____________, to require, upon
83 request of the victim, the redaction of all victim contact information from
84 documents before they may be filed with the court. This right is granted by N.D.
85 Const. Art. I, § 25(1)(e). "Victim" is defined in N.D. Const. Art. I, § 25(4).
86 Subdivision (b) was adopted, effective March 1, 2010, to indicate it is the
87 responsibility of a party or nonparty making a court filing to refrain from including
88 protected information in the filing.
89 The clerk of court is not required to review a document filed with the court
90 for compliance with this rule.
91 Subdivision (c), formerly subdivision (b), was amended, effective March 1,
92 2010, to add a redaction exemption for the name of a minor when the minor is a
93 party and there is no statute, regulation or rule mandating nondisclosure of the
94 minor's name.
95 Subdivision (c), formerly subdivision (b), was amended, effective March 1,
96 2010, to add a redaction exemption for a defendant's date of birth in a court filing
97 that is related to criminal matters, non-criminal motor vehicle and game and fish
98 matters, and infractions.
99 Subdivision (f) was amended, effective March 1, 2010, to require that
100 state's attorneys file confidential information forms containing certain defendant
101 information when known.
102 Subdivision (g) was amended, effective March 1, 2010, to allow courts to
103 order reformation of documents not in conformity with this rule prior to filing.
104 Sources: Joint Procedure Committee Minutes of _______________; September
105 24-25, 2009, pages 3-7; May 21-22, 2009, pages 28-44; January 24, 2008, pages
106 9-12; October 11-12, 2007, pages 28-30; April 26-27, 2007, page 31.
107 Statutes Affected:
108 Considered: N.D. Const. Art. I, § 25; N.D.C.C. § 14-05-02.1
109 Cross Reference: N.D.R.Ct. 3.1 (Pleadings); N.D.Sup.Ct.Admin.R. 41
110 (Access to Judicial Records).