03. Effective Date and Filing of Documents Q&A
1. When is the effective date of remote access?
The amendments to Court Operating Rule 2 and Supreme Court Rules 19.10, 55.025, and 84.015 are effective July 1, 2023.
2. Once July 1st is here, will documents filed prior to July 1, 2023 be available remotely?
Public documents filed prior to July 1, 2023, will be available on the court’s public access terminal. Public documents filed on or after July 1, 2023 will be available remotely.
3. What if a case is pending prior to July 1, 2023 and then a filing is made on the case after July 1, 2023?
The Court Operating Rule 2 changes apply to filings after July 1, 2023. If a case is pending, any documents that contain personal identifying information (PII) filed on or after July 1, 2023, would have be redacted by the filer.
4. When paper documents are accepted in the courtroom containing confidential information, will the filer be required to provide 2 copies (1 redacted and 1 unredacted)? Also, will the filer need to complete and file a Confidential Redacted Information Filing Sheet (CRIFS) with their paper pleadings?
The rules apply regardless of whether the document is filed electronically or in paper. The rules require that the information redacted either be on or attached to the Confidential Redacted Information Filing Sheet (CRIFS) form.
5. How do we handle filings that are presented in open court?
The rules apply regardless of whether the document is filed electronically or in paper. The rules require that the information redacted either be on or attached to the CRIFS form. It might be important to have the Confidential Redacted Information Filing Sheet (CRIFS) form available in the courtroom. The filer can submit the CRIFS form or they need to file two versions of that document (redacted and unredacted). Check with the judge on how to handle this situation in open court room.
6. If the court is not supposed to review the filings for redaction accuracy, and the filer does not know, and therefore does not redact a document correctly, has there been something put in place if the confidential information gets in the public hands?
An error correction process has been established by rule. Confidential information can get into public hands today, by someone coming to the courthouse and getting copies of a document. The Rule is an attempt to balance public access and privacy. The filers have an obligation to understand the Rule as they exist for filings.
7. The webinar states documents on a public access terminal cannot be printed or downloaded. Does this also mean the public will not be able to print documents from home?
A clarification on that statement, depending on how the court’s public access is set up, they may be able have the document printed by the clerk or at a printer behind the counter. They can print to that printer and pay for the copies. Documents cannot be downloaded from the public access terminal. The public will be able to print remotely once a document is downloaded on their device.
8. Are we supposed to be making copies of the correspondence BEFORE they redact it, for the simplicity of the judge even being able to read the letter?
The amendments to Court Operating Rule 2 and Supreme Court Rules 19.10, 55.025, and 84.015 are effective July 1, 2023.
2. Once July 1st is here, will documents filed prior to July 1, 2023 be available remotely?
Public documents filed prior to July 1, 2023, will be available on the court’s public access terminal. Public documents filed on or after July 1, 2023 will be available remotely.
3. What if a case is pending prior to July 1, 2023 and then a filing is made on the case after July 1, 2023?
The Court Operating Rule 2 changes apply to filings after July 1, 2023. If a case is pending, any documents that contain personal identifying information (PII) filed on or after July 1, 2023, would have be redacted by the filer.
4. When paper documents are accepted in the courtroom containing confidential information, will the filer be required to provide 2 copies (1 redacted and 1 unredacted)? Also, will the filer need to complete and file a Confidential Redacted Information Filing Sheet (CRIFS) with their paper pleadings?
The rules apply regardless of whether the document is filed electronically or in paper. The rules require that the information redacted either be on or attached to the Confidential Redacted Information Filing Sheet (CRIFS) form.
5. How do we handle filings that are presented in open court?
The rules apply regardless of whether the document is filed electronically or in paper. The rules require that the information redacted either be on or attached to the CRIFS form. It might be important to have the Confidential Redacted Information Filing Sheet (CRIFS) form available in the courtroom. The filer can submit the CRIFS form or they need to file two versions of that document (redacted and unredacted). Check with the judge on how to handle this situation in open court room.
6. If the court is not supposed to review the filings for redaction accuracy, and the filer does not know, and therefore does not redact a document correctly, has there been something put in place if the confidential information gets in the public hands?
An error correction process has been established by rule. Confidential information can get into public hands today, by someone coming to the courthouse and getting copies of a document. The Rule is an attempt to balance public access and privacy. The filers have an obligation to understand the Rule as they exist for filings.
7. The webinar states documents on a public access terminal cannot be printed or downloaded. Does this also mean the public will not be able to print documents from home?
A clarification on that statement, depending on how the court’s public access is set up, they may be able have the document printed by the clerk or at a printer behind the counter. They can print to that printer and pay for the copies. Documents cannot be downloaded from the public access terminal. The public will be able to print remotely once a document is downloaded on their device.
8. Are we supposed to be making copies of the correspondence BEFORE they redact it, for the simplicity of the judge even being able to read the letter?
A new docket code for confidential correspondence filed has been created that can be used if there is confidential information in the correspondence.
9. If a document is eFiled (there is supposed to be a public document that is redacted and a confidential document that is not redacted), are we going to be returning the filings if they only file a redacted copy?
All filings should be accepted. It’s the filers responsibility to redact confidential information before filing. The court may have to enter an order requiring the filing party to file an original unredacted copy of the pleading or a CRIFS form.
10. I’m looking to add a party to the case. There is a SSN field for the party. Do I include the SSN?
The social security number of parties, if added to the case management system, is a confidential field and does not display on Case.net.
11. When will the FREDI docket code be available for the prosecuting attorney and other filers to use?
The FREDI code was deployed June 23, 2023.
12. How will efilers know what to choose so that the Confidential Redacted Information Filing Sheet (CRIFS) comes in as a 3. The FREDI docket code?
9. If a document is eFiled (there is supposed to be a public document that is redacted and a confidential document that is not redacted), are we going to be returning the filings if they only file a redacted copy?
All filings should be accepted. It’s the filers responsibility to redact confidential information before filing. The court may have to enter an order requiring the filing party to file an original unredacted copy of the pleading or a CRIFS form.
10. I’m looking to add a party to the case. There is a SSN field for the party. Do I include the SSN?
The social security number of parties, if added to the case management system, is a confidential field and does not display on Case.net.
11. When will the FREDI docket code be available for the prosecuting attorney and other filers to use?
The FREDI code was deployed June 23, 2023.
12. How will efilers know what to choose so that the Confidential Redacted Information Filing Sheet (CRIFS) comes in as a 3. The FREDI docket code?
The eFiling system has been updated to include the FREDI codes when the CRIFS is eFiled. To file a CRIFS in eFiling, the filer would select “Other/Miscellaneous” from document category drop-down menu and “Redaction Info Filing Sheet Filed” as the document type drop-down menu.
13. Will we use the same process for raising the security level?
Yes, the. rules for raising the security level on a case or a document have not changed.
14. Is the filing party required to file the original and redacted documents to the other side (opposing party)?
The parties would be entitled to unredacted versions. The rule does not address whether or not the parties would have to get both versions. Lawyers that have access to efiling have access to redacted and unredacted but if you have a self- represented litigant, they would need to be served at least a copy of the information that they need that would be a unredacted. There is nothing to prevent the attorney or another party from providing both copies.
13. Will we use the same process for raising the security level?
Yes, the. rules for raising the security level on a case or a document have not changed.
14. Is the filing party required to file the original and redacted documents to the other side (opposing party)?
The parties would be entitled to unredacted versions. The rule does not address whether or not the parties would have to get both versions. Lawyers that have access to efiling have access to redacted and unredacted but if you have a self- represented litigant, they would need to be served at least a copy of the information that they need that would be a unredacted. There is nothing to prevent the attorney or another party from providing both copies.
July 13, 2023