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Restricted Identifiers

Posted: Wednesday, December 4, 2013

Date:  December 4, 2013
Subject: Restricted Identifiers in Electronically Filed Documents
 
Documents eFiled with the court and classified as public must not include restricted identifiers (social security, employer identification, and financial account numbers, whether full or partial).  Court rules place the responsibility for removing confidential information on the filing parties and provide a method for redacting restricted identifiers.
 
Failure to comply with this requirement may result in legal and ethical liability for the filer, in addition to court imposed sanctions, including costs necessary to prepare an appropriate document for filing. (Gen. R. Prac. 11.04.)
 
Restricted identifiers must be redacted from public documents and reported separately on 11.1 Confidential Information Form.
 
Filers should submit the redacted document separately and classify it as “public”, then submit Form 11.1 and classify it as “confidential.”  Use the Confidential Information Form 11.1 personal information filing code when eFiling Form 11.1.
 
Rule 11 also requires that financial source information (income tax returns, W-2 forms and schedules, wage stubs, credit card statements, financial institution statements, check registers, and other financial information deemed financial source documents by court order) be redacted and submitted accompanied by a Sealed Financial Source Documents Form 11.2.
  
Filers should list financial source documents on Form 11.2, then submit Form 11.2 classified as “public”.  Separately submit the financial source documents classified as “confidential.”
 
Financial source documents submitted with the appropriate Form 11.2 are not accessible to the public except when admitted into evidence in a testimonial hearing or trial or in a motion challenge as provided under rule 11.05. 
 
For further guidance please see the court website for a video presentation entitled “10 Rules to Follow When eFiling -- A Free CLE Sponsored by the State Court Administrator's Office Legal Counsel Division.”