19. Pro Se Litigants Q&A
1. What if a pro se litigant does not fill out the form to certify they have complied with the requirements of COR 2? What is the clerk supposed to do? Do they still accept the filing and make a docket entry that the person declined to certify their compliance with COR 2?
Updated 08-14-231
The clerks will still be required to accept the filing even without the certification. The rule states certification can be made by a paper form or on the document itself. A docket entry could be made to indicate the filing was not certified.
2. Will there be a video on self-represent for Pro Se litigants to watch and have to file a certificate of completion for? (like they have to do for litigant awareness). We in the court level do not have the time to explain to each pro-se litigant what is personal information that needs to be redacted. And we have a LOT of pro-se filers. (and while we can hand out paper information-they will not always take the time to read this).
A webpage has been created for the public that includes a video.
3. For Pro Se Litigants, specifically ones who send filings in the mail (either from a facility or from their residence), how are we going to get them to sign the waiver for redaction? And if the waiver is available for download on the website, then what about the defendants that are incarcerated and can't use a downloadable document?
The clerk will still be required to accept the filing even without the certification. A docket entry could be made to indicate that the certification form was not submitted.
4. For Pro Se, if someone brings in a letter on the defendant's behalf, do they need to also bring a waiver signed by the defendant? Or are they the ones that need to sign the waiver for redaction?
The clerk is required to accept the documents sent to the court. A new docket code for correspondence that has victim or witness information has been created with a security level of 3. There is not a waiver. There is a certification but that applies to pleadings, not correspondence.
5. When a pro se filer comes in and files for divorce and they give me the certification sheet saying that they have redacted everything. Should they be filing a redacted copy and a non-redacted copy (so two copies of the same pleading)?
2. Will there be a video on self-represent for Pro Se litigants to watch and have to file a certificate of completion for? (like they have to do for litigant awareness). We in the court level do not have the time to explain to each pro-se litigant what is personal information that needs to be redacted. And we have a LOT of pro-se filers. (and while we can hand out paper information-they will not always take the time to read this).
A webpage has been created for the public that includes a video.
3. For Pro Se Litigants, specifically ones who send filings in the mail (either from a facility or from their residence), how are we going to get them to sign the waiver for redaction? And if the waiver is available for download on the website, then what about the defendants that are incarcerated and can't use a downloadable document?
The clerk will still be required to accept the filing even without the certification. A docket entry could be made to indicate that the certification form was not submitted.
4. For Pro Se, if someone brings in a letter on the defendant's behalf, do they need to also bring a waiver signed by the defendant? Or are they the ones that need to sign the waiver for redaction?
The clerk is required to accept the documents sent to the court. A new docket code for correspondence that has victim or witness information has been created with a security level of 3. There is not a waiver. There is a certification but that applies to pleadings, not correspondence.
5. When a pro se filer comes in and files for divorce and they give me the certification sheet saying that they have redacted everything. Should they be filing a redacted copy and a non-redacted copy (so two copies of the same pleading)?
Updated 11-16-232
The filer can file a redacted copy and FI-35 – Confidential Redacted Information Filing Sheet (CRIFS), or a redacted and unredacted copy.
6. On Ex parte's will we have to have the filing party fill out a Certification Sheet stating confidential information has been redacted?
Documents in order of protection cases are NOT going to be available remotely to the public because they fall under the Violence Against Women’s Act (VAWA). The petition currently has a default security level of 3. The clerk will still be required to accept the filing even without the certification. A docket entry could be made to indicate that the certification form was not submitted.
7. Should the clerks be providing the Redaction Certification form to pro se fillers (such as for small claims cases) to the filing party to sign and file with their petition?
Yes, that is a form that should be provided to pro se fillers. The form is available on the judicial website.
6. On Ex parte's will we have to have the filing party fill out a Certification Sheet stating confidential information has been redacted?
Documents in order of protection cases are NOT going to be available remotely to the public because they fall under the Violence Against Women’s Act (VAWA). The petition currently has a default security level of 3. The clerk will still be required to accept the filing even without the certification. A docket entry could be made to indicate that the certification form was not submitted.
7. Should the clerks be providing the Redaction Certification form to pro se fillers (such as for small claims cases) to the filing party to sign and file with their petition?
Yes, that is a form that should be provided to pro se fillers. The form is available on the judicial website.
8. If there is nothing for the pro se filer to redact on a document, they would not need to complete the "Redacted Certification? Is that correct?
It is recommended the Certification Form be made available to pro se filers. The clerk will need to accept the filing as presented to the court.
It is recommended the Certification Form be made available to pro se filers. The clerk will need to accept the filing as presented to the court.
9. For pro se filings, if they are filing something the court knows will be put on a docket code that has a document security level of 3 or higher, does the pro se filer need to file a redacted copy? Should the clerk just treat each filing the same and not provide information as to what the filing maybe be scanned under? Just continue to provide the CRIFS and GN320 Certification form as they typically would?
If the document is confidential then a redacted version does not need to be provided.
If the document is confidential then a redacted version does not need to be provided.
November 16, 2023
1Previous answer: The clerk will still be required to accept the filing even without the certification. A docket entry could be made to indicate that the certification form was not submitted.
2Previous answer: The filer should file a redacted, unredacted copy and FI-35 – Confidential Redacted Information Filing Sheet (CRIFS).