Court Operating Rules - Court Operating Rule 2: Public Access to Records of the Judicial Department

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Court Operating Rules

		Section/Rule:	COR 2
Subject:	Court Operating Rule 2	Publication / Adopted Date:	August 24, 1998
Topic:	Public Access to Records of the Judicial Department	Revised / Effective Date:	July 1, 2023

Court Operating Rule 2

PUBLIC ACCESS TO RECORDS OF THE JUDICIAL DEPARTMENT

2.01 SCOPE OF RULE
2.02 GENERAL POLICY
2.03 DEFINITIONS
2.04 ACCESS TO CASE RECORDS
2.05 ACCESS TO PERSONAL INFORMATION
2.06 ACCESS TO ADMINISTRATIVE RECORDS
2.07 ACCESS TO COMPILED INFORMATION FROM COURT RECORDS
2.08 ACCESS PROCEDURES
2.09 ACCESS DENIAL REVIEW
2.10 REQUESTS FOR BULK DISTRIBUTION OF COURT RECORDS
2.11 FEES

2.01 SCOPE OF RULE

Court Operating Rule 2 (COR 2) governs public access to the records of the judicial department of Missouri. Litigants or their lawyers who are involved in a case or persons authorized by the court shall have the same access to individual case records as the public under this COR 2 and may have additional access as authorized by law, court rule, or court order.

(Adopted August 24, 1998, effective October 1, 1998. Amended February 22, 2000; November 17, 2004, effective January 1, 2005; amended April 13, 2011, effective January 1, 2012; amended May 24, 2012; effective July 1, 2012.)

2.02 GENERAL POLICY

(a) Policy.

Records of all courts are presumed to be open to any member of the public for purposes of inspection or copying. This policy does not apply to records that are confidential pursuant to statute, court rule

or order, or other law; judicial or judicial staff work product; internal electronic mail; memoranda or drafts; or appellate judicial case assignments.

(b) Obtaining Records. Court records shall be made available during the regular business hours of the court having custody of the records. Records, information, and services shall be provided at a time and in a manner that does not interfere with the regular business of the courts.

(c) Redaction of Confidential Information. Unless otherwise ordered by the court, any counsel, party, or other person offering a document for filing in any court shall redact information that is confidential pursuant to statute, court rule or order, or other law. Such confidential information can include, but is not limited to:

(1) Social security numbers, driver's license numbers, state identification numbers, taxpayer identification numbers, and passport numbers;

(2) Financial institution account numbers, credit or debit card numbers, personal identification numbers, or passwords used to secure any such accounts or cards;

(3) Names, addresses, and contact information of informants, victims, witnesses, and persons protected under restraining or protection orders;

(4) Dates of birth;

(5) Names of individuals known to be minors; and

(6) Case numbers of confidential, expunged, or sealed records.

Filers should also exercise caution when filing documents that include medical records, employment history, financial records, proprietary information, or trade secrets.

(d) Responsibility for Redaction. The responsibility for redacting confidential information rests solely with the counsel, parties, or any other person filing the document. Courts will not review each case document to ensure compliance and will not refuse to accept or file a document on that basis.

(e) Manner of Redacting. On and after the Expanded Remote Access Implementation Date:

(1) All redactions shall be done in a manner that makes it clear that information has been redacted. If necessary to reference the redacted information in a redacted document, filers shall use generic descriptors.

(2) When a filer redacts information from a document offered in any court, the filer also must contemporaneously file a confidential redacted information filing sheet that either:

(A) has the unredacted version of the document attached thereto; or

(B) sets out the information redacted from the document with an explanation as to where the information was redacted from in the document or the generic descriptors used in the document to reference the redacted information.

(3) All filers, except for judges and judicial court staff, shall affirmatively certify compliance with the redaction requirements in Rules 19.10, 55.025, and 84.105 when a document is filed. This certification shall be accomplished through an automated process implemented in the electronic filing system for its authorized users or, for filers who are not authorized users of the electronic filing system, by a paper form attached to the document or on the document itself.

(4) When a motion is filed alleging a document filed with the court contains insufficiently redacted confidential information, the clerk shall raise the document′s security level to a confidential setting. The court shall dispose of the motion within 30 days. If the court determines the document is sufficiently redacted, the clerk shall reset the document’s security level to allow for proper public access.

(f) Access to any Missouri judicial website, including but not limited to

Case.net

, by a site data scraper or any similar software intended to discover and extract data from a website through automated, repetitive querying for the purpose of collecting such data is expressly prohibited.

Court Operating Rule

imposes no obligation upon the judiciary to create a data element, make a data element available electronically, or produce non-standard reports.

(Adopted August 24, 1998, effective October 1, 1998. Amended Feb. 22, 2000; amended November 17, 2004, effective January 1, 2005; amended April 13, 2011, effective January 1, 2012; amended effective November 24, 2020; amended June 28, 2022, effective July 1, 2023; amended January 31, 2023, effective July 1, 2023; amended April 4, 2023, effective July 1, 2023.)

2.03 DEFINITIONS

As used in this COR 2, the following terms mean:

(a) “Administrative records,” all records, including reports and correspondence, pertaining to the administration of the courts;

(b) “Bulk distribution,” the distribution of all, or a significant subset, of the information in court records, as is and without modification or compilation;

(c) “Case records,” all records relating to a specific case or controversy;

(d) “Custodian of records,” the person designated by the appointing authority as responsible for the safekeeping of any records held in the clerk’s office;

(e) “Compiled information,” information that is derived from the selection, aggregation or reformulation by the court of some of the information from more than one individual court record, including statistical reports and information that is not already available in an existing record or report;

(f) “Data element,” information contained in a field in the computer database;

(g) “Electronic records,” digital records, whether created by data entry, electronic filing, or digital imaging;

(h) “Person,” any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization;

(i) “Personnel records,” all records relating to the employment of persons within the judiciary with the exception of name, position and salary;

(j) “Public” includes:

(1) Any person and any business or non-profit entity, organization, or association;

(2) Any governmental agency for which there is no existing policy defining the agency’s access to court records;

(3) Media organizations; and

(4) Entities that gather and disseminate information for whatever reason, regardless of whether it is done with the intent of making a profit, and without distinction as to nature or extent of access.

(k) “Public access” means that the public may inspect and obtain a copy of the information in a court record either by direct access in the court house or remote access over the Internet if and when it becomes available.

(l) “Record,” information produced or available to the court regardless of physical form or storage medium used.

(m) "Expanded Remote Access Implementation Date," a date set by order of this Court made and entered no less than six months in advance of such date.

(Adopted August 24, 1998, effective October 1, 1998. Amended February 22, 2000; amended November 17, 2004, effective January 1, 2005; amended April 13, 2011, effective January 1, 2012; amended effective November 24, 2020.)

2.04 ACCESS TO CASE RECORDS

(a) Public records from which a person can be identified will be made available upon request only by inquiry of a single case or by accessing any public index. Electronic public indexes will be available on the Internet by:

(1) Case number;

(2) File date;

(3) Party name;

(4) Calendar date; and

(5) Judgment against.

An index may contain the above elements plus case title, case type, and status.

(b) Internet access to electronic records that are public and from which a person can be identified will include only the following data elements, if not confidential by statute or rule:

Civil Cases

(1) Attorneys' addresses;
(2) Attorneys' names;
(3) Calendar dates;
(4) Case number;
(5) Case type;
(6) Year of birth;
(7) Disposition type;
(8) Docket entries;
(9) File date;
(10) General execution, garnishment, and sequestration information as provided in COR 4.19.1 and indexing number if available;
(11) Trial judge currently assigned;
(12) Trial judge at disposition;
(13) Judgment or appellate decision;
(14) Judgment or appellate mandate date;
(15) Party address;
(16) Party name and type; except the names of victims of domestic violence shall not be available pursuant to 18 USC 2265(d)(3); and
(17) Satisfaction of judgment date.

Cases filed under chapter

455

, RSMo (adult and child protection orders) shall be available only by entering the exact case number until a full order of protection shall have been granted. Thereafter, the case shall be available in accordance with COR

2.04(a)

and COR

2.04(b)

Criminal Cases

(1) Appellate mandate date;
(2) Appellate opinion;
(3) Attorneys' addresses;
(4) Attorneys' names;
(5) Bail amount;
(6) Calendar dates;
(7) Case number;
(8) Case type;
(9) Pending charges;
(10) Year of birth;
(11) Defendant address;
(12) Defendant name;
(13) Disposition type;
(14) Docket entries;
(15) File date;
(16) Finding and finding date;
(17) Judgment and judgment date;
(18) Sentence and sentence date and offenses for which sentenced;
(19) Trial judge currently assigned;
(20) Trial judge at disposition;
(21) Law enforcement agency;
(22) Offense tracking number;
(23) Violation code, date and description; and
(24) Suspended imposition of sentence prior to successful completion of probation.

Notwithstanding the provision of this section, upon initial filing of a criminal case, a prosecuting attorney may request a court to temporarily remove the case from Internet access if:

(1) A warrant has been requested; and
(2) There is believed to be a high risk of physical injury to officers or other persons if the defendant should become aware of the issuance of the warrant.

Such removal will be for a period of five calendar days from the date the case is filed or until the warrant is executed, whichever occurs first.

Financial Information

(1) Balance due;
(2) Payment plan number;
(3) Payment plan balance due;
(4) Payment plan schedule due date;
(5) Payment plan schedule amount due;
(6) Open items account ID;
(7) Open items account balance; and
(8) Bond balance

(c) All public documents filed on or after the Expanded Remote Access Implementation Date that are available at a public access terminal shall be available remotely on a schedule approved by the Missouri Court Automation Committee. This remote access shall not occur if it is contrary to an order in a particular case, a statute, or a court rule. This remote access may be temporarily suspended at any time the State Courts Administrator determines that the public demand for documents adversely impacts in any manner the statewide court automation system or court operations. The State Courts Administrator shall notify the Clerk of the Supreme Court and the Court when temporary suspension occurs. Any suspension shall remain in effect until the State Courts Administrator determines that such adverse impact has been appropriately addressed and resolved.

(d) Access to case records as provided by this Court Operating Rule 2.04 shall not be restricted in anticipation of a jury trial without a court order setting forth specific written findings supporting a compelling justification to restrict access.

(Adopted August 24, 1998, effective October 1, 1998. Amended November 17, 2004, effective January 1, 2005; amended May 30, 2006, effective June 1, 2006; amended September 10, 2009, effective January 1, 2010; amended April 13, 2011, effective January 1, 2012; amended May 24, 2012, effective July 1, 2012; amended May 28, 2014, effective July 1, 2014; amended May 25, 2018, effective July 1, 2018; amended effective November 24, 2020; amended effective May 23, 2023 .)

2.05 ACCESS TO PERSONAL INFORMATION

(a) Official court files. Case records containing social security numbers and personal information may be disseminated pursuant to COR

2.02

if such records are otherwise open to the public pursuant to statute. Unless required by statute, court personnel are not required to expunge or redact social security numbers or personal information that appears in case records.

(b) Case management databases. Social security numbers and personal information may be collected and used by the courts for internal purposes such as party identification, compilation of jury lists, collection of fees, fines or restitution. Dissemination of social security numbers and personal information appearing in court databases shall be restricted to court personnel and to those state or federal agencies to which the court has a statutory or constitutional duty to disclose, including, but not limited to, child support enforcement, social security administration, and department of revenue.

(c) Public inquiries. Any public inquiries specifically requesting personal information shall be answered only by providing access to the case files. The clerks shall not provide such information verbally or by facsimile, or e-mail. Personal information includes, but is not limited to:

(1) Social security numbers;

(2) Motor vehicle operator license numbers;

(3) Victim information including name, address, and other contact information;

(4) Informant information including name, address, and other contact information;

(5) Witness information including name, address, and other contact information;

(6) State identification numbers; and

(7) Financial institution account numbers, credit card numbers, personal identification numbers, or passwords used to secure accounts.

Pursuant to local court rule or order, the clerk may:

(1) Redact personal information from the public copy of the court record, or

(2) Raise the security level of the document in the case management system if the document cannot be adequately redacted to protect personal information.

2.06 ACCESS TO ADMINISTRATIVE RECORDS

Administrative records are generally considered to be open to the public. Exceptions include personnel records and any other record considered confidential pursuant to chapter 610, RSMo.

(Adopted August 24, 1998, effective October 1, 1998. Amended February 22, 2000; amended November 17, 2004, effective January 1, 2005; amended April 13, 2011, effective January 1, 2012.)

2.07 ACCESS TO COMPILED INFORMATION FROM COURT RECORDS

If a compiled report used within the judiciary is prepared from or contains case management data elements, the report shall be made available only if:

(a) All of the data elements in the report would have been made available under this COR 2; or

(b) The report is of summary data consisting of non-identifying information.

There is no obligation for the courts to compile information from court records.

(Adopted August 24, 1998, effective October 1, 1998. Amended November 17, 2004, effective January 1, 2005; amended April 13, 2011, effective January 1, 2012.)

2.08 ACCESS PROCEDURES

A custodian of records shall be named for each clerk’s office to approve or reject requests for records. If a custodian of records has not been named, the appointing authority for that office shall be the custodian of records.

The court may:

(a) Develop and make available to the public the procedures that are to be followed to obtain access to electronic and paper records;

(b) Develop procedures to ensure that confidential records are protected from disclosure to the public; and

(c) Provide appropriate training to court staff concerning the provisions of this COR 2.

Requests for access may be submitted orally or in writing, as determined by the custodian of records. However, requests for administrative records shall be in writing. The requesting person shall not be required to disclose the purpose of the request.

The custodian of records shall respond to the request as promptly as practical.

Denials of access requests shall be in writing if desired by the requesting person.

The following information in a court record will only be publicly accessible at a court facility in the jurisdiction in which the case was filed:

(1) Findings of non-paternity under section 210.846, RSMo;
(2) Pleadings and orders in child abuse and neglect cases under section 211.319, RSMo;
(3) Pleadings and orders in termination of parental rights cases under section 211.319, RSMo;
(4) All records in felony A and B delinquency cases under section 211.321, RSMo; and
(5) Final disposition of criminal cases under section 610.105, RSMo.

(Adopted August 24, 1998, effective October 1, 1998. Amended November 17, 2004, effective January 1, 2005; amended April 13, 2011, effective January 1, 2012.)

2.09 ACCESS DENIAL REVIEW

The state judicial records committee, upon receipt of a written request, may review any request for access to information that has been denied. The state judicial records committee shall not review any determination by the custodian of records as to the payment of fees. The request will be reviewed at the next regular meeting of the committee. The requesting person and the custodian of records shall be notified in writing of the committee’s decision as soon as possible after a determination has been made.

(Adopted November 17, 2004, effective January 1, 2005; Amended April 13, 2011, effective January 1, 2012.)

2.10 REQUESTS FOR BULK DISTRIBUTION OF COURT RECORDS

Bulk distribution of court records shall be made only upon approval of the state judicial records committee. Under no circumstances shall bulk distribution of court records be made for commercial gain.

(Adopted November 17, 2004, effective January 1, 2005. Amended April 13, 2011, effective January 1, 2012.)

2.11 FEES

Reasonable fees may be charged for services provided.

(Adopted November 17, 2004, effective January 1, 2005. Amended April 13, 2011, effective January 1, 2012.)