9037-1(a): Restricting Public Access: DOCUMENTS FILED BY PARTIES
FRBP 9037 provides that "Personal identifiers" must never be included in documents which are then filed on the public record, because personal identifiers should never be available for public viewing of a document filed with the court. Examples of unauthorized personal identifiers are social security numbers, full account numbers, names of minors, full birthdates, and other personal information that is confidential.
- See link below to Privacy Policy.
- It is the responsibility of the party who files a document to make sure no personal identifiers are included.
- The court is NOT responsible for reviewing filed documents to see if personal identifiers have been included.
LBR 9037-1(a) is the rule that applies when documents HAVE ALREADY BEEN FILED, yet subsequently a party discovers that personal identifiers were inappropriately included in the filed document. Once a document is filed, there is no method to simply block out a phrase, sentence, or page from public view. Instead, the entire filed document must be blocked from public view. The authorized procedure is:
- The party files a motion to restrict personal identifiers from public view -- a Motion for Protective Order to Restrict Public Access to Documents that Contain Personal Identifiers. The court has a form motion. See link below. NOTE: The "event code" to use when filing this motion is the "redact (for protective order to restrict personal identifiers LBR Form 9037-1.1)" event code.
- A fee is required. See link below to chart of fees.
- A hearing is not required. The party must file a Notice of Motion for Order Without Hearing under LBR 9013-1(p). The court has a form notice. See link below.
- The party lodges an order. The court has a form order. See link below.
- The court enters the Order Restricting Personal Identifiers
- The court blocks the document from public view
- The party files a replacement document in which the personal identifiers have either been removed or marked in a way to prevent viewing the personal identifiers.