Remote Public Access Starting July 1st, 2023
The public now has “remote access” to certain public documents filed in Missouri court cases via Case.net. This applies only to public documents filed on or after July 1, 2023. This means the public now can view, download and print these public case documents from their personal computers, tablets or cell phones. In anticipation of this change, the Missouri judiciary also updated Case.net to be mobile-friendly.
The expandable Q & A sections below will give you more information.
What is Case.net, and why is public access being expanded?
Launched in the 1990s, Case.net is a web-based search portal. It lets people find real-time public information about Missouri court cases. It is designed to balance access to public information with the need to protect confidential information.
Since its launch, Case.net has provided some public case information, including:
- Information about parties and their attorneys;
- Detailed docket entries; and
- Scheduled dates and times for hearings and trials.
But people requested easier access and more convenience. And expanding access to public documents has been a long-term goal for Missouri courts. So, as announced in 2022, Case.net now provides greater public access outside a courthouse. The change lets people to view, download and print public court records from their personal computers, tablets or cell phones. This works only for public case documents filed on or after July 1, 2023.
How will I use Case.net to view documents remotely?
Case.net allows people to search for public information about Missouri court cases. Search options are available by litigant name, case number and filing date.
From your search results, select the case you want, which takes you to a case landing page with three tabs. That page defaults to display the “case header” tab, which shows basic information about the case. The second tab, labeled “Parties & Attorneys,” shows information about the individuals involved in the case and their lawyers. The third tab, labeled “Docket Entries” has more detailed information about what has been filed in the case, including text of clerk remarks and links to documents. Click on the “Docket Entries” tab to view documents.
Next, find the document you want to view from the information listed. If a document is available, it will show up as a bold blue hyperlink. Click on the blue hyperlink to view the document.
Remember, this only works for documents filed on or after July 1, 2023. If you do not see a blue hyperlink, it means there is no attached document available to view.
There is no remote public access to documents filed before July 1, 2023. This includes certain judgments that used to be available to the public via Case.net. Access to these judgments was removed to protect any confidential information they may have contained. For example, social security numbers have not always been considered confidential.
You can view public documents filed before July 1, 2023, at the public computers in local courthouses.
How is confidential information in court cases protected?
Our legal system has a strong presumption of openness. In fact, our state constitution requires our courts and cases to be open, unless otherwise provided by law.
As a result, the judiciary has to balance two equally important goals. One is to make public court documents more accessible online. The other is to prevent access to any confidential information in those documents.
Courts handle many types of legal cases. Sometimes, the people involved may not want others to know about their case at all, let alone any details their case may involve. But that does not mean the case documents are not still open to the public.
A law may make certain information in some case documents confidential. By law, confidential information is not open to the public. Therefore, confidential information must be “redacted” – removed or hidden – from case records available to the public. The court, however, will continue to have access to all the information it needs to decide the case. This redaction requirement is not new, but online access makes it that much more important.
Whose job is it to redact confidential information from public documents?
The duty of redaction falls on anyone filing any document in any Missouri court case. This does not just mean attorneys. It also means any person offering a document for filing in any Missouri court. This includes individuals representing themselves in court. It could include a state agency or a law enforcement officer. It even includes judges and court staff.
The court clerk, however, cannot redact a document for you. The clerk’s job is to file documents you provide, not to know all the information those documents might contain. The clerk also cannot give legal advice about what information should be redacted.
Beginning July 1, 2023, if you file a document in a Missouri court, you are required to tell the court you have followed the redaction requirements. This is called “certification,” and it will be required by Missouri court rules.
What information must be redacted?
Information is confidential based on a statute, court rule or court order, or other law. It must be redacted from public documents.
There is no exhaustive list of all information that may be confidential under state or federal law. This law can include state statutes and regulations. It also can include federal statutes and regulations. Additionally, it may include state court rules and federal court rules. For help, you may want to consult with an attorney.
The Missouri court rules list some examples of information that may be confidential. These examples include, but are not limited to:
- Social security numbers;
- Driver’s license numbers;
- State identification numbers;
- Taxpayer identification numbers;
- Passport numbers;
- Financial institution account numbers or passwords;
- Credit or debit card numbers or passwords;
- Personal identification numbers;
- Names, addresses and contact information of:
- Informants,
- Victims,
- Witnesses, or
- Persons protected under restraining or protection orders;
- Dates of birth;
- Names of individuals known to be minors; and
- Case numbers of confidential, expunged or sealed records.
The rules also advise caution when filing documents that include:
- Medical records;
- Employment history;
- Financial records;
- Proprietary information; or
- Trade secrets.
How do I redact confidential information from a document?
To “redact” means to remove or hide information in a document before you file it with the court. The confidential information to be redacted might be a number, a name, an address or other information. You may have seen a redacted document, perhaps in a TV show or movie, with information blacked out.
There are different ways to redact confidential information. One involves hiding information so it no longer is visible. You can accomplish this type of redaction by:
- Filling out your document completely (including confidential information). This becomes the unredacted version of the document you may file with the court.
- Making a copy of the unredacted document.
- Going through the copy and completely marking through or covering any confidential information. You could do this using a black marker or a whiteout product. This becomes the redacted version to file with the court.
Another way to redact is to replace confidential information. You have several options to use instead. For example:
- To replace information like the full names of children, you could describe the children using generic labels like “Child One” or “Child Two.” You also could replace their full names with just their initials.
- To replace information like social security numbers or bank account numbers, you could use a letter like an “X” or a symbol like the “#” number sign.
Either method of redaction can be done manually or with a computer. Multiple brands of PDF (portable document format) software offer redaction options. Lawyers, however, must use specific redaction software to make sure they comply with their ethical duties.
What do I file with the court?
Keep in mind, if your document does not contain any confidential information, there is nothing for you to redact.
But if you do redact any information, you must make clear this information was there but has been removed. You also need to tell the court what information you have removed.
As a result, if you need to redact, you will end up with two documents. One will be the redacted document, with the confidential information removed. This document will be available to the public online. The other document must include the unredacted information so the court can decide the case. This document will not be available online.
If you file a redacted document, you also must file a confidential redacted information filing sheet. You can use this form Confidential Redacted Information Filing Sheet, or you can make your own. If you have an unredacted version of your document, you can attach it to this sheet. Otherwise, use the sheet to explain what information was removed or to “translate” the generic labels.
Finally, you must certify you have complied with the redaction requirements. One way you can do this is by filling out a Redaction Certification form. There is one form for filing in circuit courts and another for filing in appellate courts or the Supreme Court. You also can write your certification directly on your document. You will need to certify your compliance every time you file, even if you did not need to remove any information.
Lawyers licensed in Missouri may have additional options available to them through the electronic filing system.
What if someone makes a mistake?
Please do your best to comply carefully with the redaction requirements. This will help protect everyone’s confidential information, including your own.
But no one is perfect, and mistakes might happen. Someone might fail to redact information that should have been redacted. Someone else might redact too much information. Regardless of the mistake, there is a way to correct it.
If this happens, alert the court to the potential mistake by filing a Motion to Correct Redaction. You can do this if you made the mistake, or if you are concerned a mistake was made in a document filed by someone else. There is one form for filing in circuit courts and another for filing in appellate courts or the Supreme Court. The court will have 30 days to decide if a mistake was made.
What if the alleged mistake lets the public see information that should have been redacted? Then extra protections are available – the court clerk will remove the document from public view. If the court decides the document is okay as filed, the court clerk will put it back into public view. If, however, the court decides additional redaction is required, the court will let the parties know.
When do I need to start redacting documents?
Redaction has been required since July 1, 2023. This applies to anyone filing documents in any Missouri court case.
As of July 1, 2023, all filers must certify they have complied with the redaction requirements. One way you can do this is by filling out a Redaction Certification form. There is one form for filing in circuit courts and another for filing in appellate courts or the Supreme Court. You also can write your certification directly on your document.
When exactly did public case documents become available online?
There were two important dates for each court.
The first important date was July 1. That is when everyone filing documents in Missouri court cases had to start certifying they have met the redaction requirements. All public documents filed on or after July 1, 2023, became available to the public online – eventually.
The second important date was the date an individual court begins remote public access. That is when each court’s public documents became viewable online. This includes all public case documents filed on or after July 1, 2023. To see public documents filed before then, people can continue to use the public computers in local courthouses.
When public documents became available online was based on a schedule. The schedule divides the state’s hundreds of courts into groups, staggering the “remote public access date” over a period of months.
Why didn't remote public access happen for all Missouri courts as of July 1?
It was important to stagger when each court’s public case documents became available online. This helped Missouri courts protect their technology systems from being overwhelmed by increased demand. It also helped make sure court operations were not adversely affected.
If any problems arise, the rules allow remote public access to be suspended until the problem is solved.
Where can I find additional resources?
Case.net home page
News release about expanded public access to court records
Remote public access implementation: schedule | interactive map
Redaction rules, effective July 1, 2023:
New COR 2.02
New Rules 5.31 | 19.10 | 55.025 | 84.015
Redaction forms:
Confidential Redacted Filing Information Sheet
Redaction Certification – for circuit courts | for appeals court/Supreme Court
Motion to Correct Redaction – for circuit courts | for appeals court/Supreme Court
Application to Inspect Confidential Court Records – for circuit courts | for appeals court/Supreme Court
Information about What Assistance Court Staff Are Allowed to Provide
Information about Finding a Lawyer
Information about Representing Yourself in a Family Law Case
Written directions and instructional videos for Getting Started with Manage My Case
Podcast about Case.net and Court Automation
Instructional videos about expanded remote public access and redaction requirements:
Supplemental instructional video
Instructional video for using the electronic filing system to file redacted documents
The Missouri Bar’s remote public access and redaction resource center for lawyers