06. Redaction/Redaction Correction Q&A
1. Prosecuting attorney redacts date of birth, address; how do I contact a victim or witness if I am not the PA?
There should be a redacted and unredacted document filed. The unredacted copy will include the personally identifiable information.
2. What if a party to a case wants an unredacted copy of a document?
There should be a redacted and unredacted document filed. The unredacted copy will include the personally identifiable information.
2. What if a party to a case wants an unredacted copy of a document?
Updated 11-16-231
Parties should have access to the unredacted documents without having to complete the GN318 form.
3. Is there a list of what is supposed to be redacted?
Court Operating Rule 2.02(c) includes information as to what may be required to be redacted.
4. Will or can all of the victim's information be redacted?
The prosecutor should be providing a redacted and unredacted document if there is victim information in the documents filed.
5. Since the redaction falls upon the filing party. When would there be a need for the clerks to redact other documents prior to July 1st?
The court will have to redact the documents that they are filing, so judgments, orders, other documents if those documents have confidential information on them. If it’s a document that can be generated through document generation, the system will generate two versions of the document for you. However, if it’s a manually created, the document would have to be reviewed to see if there is any confidential information on it that would have to be redacted before the document is filed. There would be two versions, a confidential and a public facing document, such as a domestic judgment.
6. If an attorney files unredacted information, and no MOTCR (motion to correct redaction) is filed does the court keep the security level public even though we know it is required to be redacted?
When the motion is filed, the clerk is to locate the document that is the subject of the motion and raise the security level of that document. The security level of that document should remain raised until the court rule on the matter in 30 days. The document would either remain at a level 3 or if the court found it was sufficiently redacted, it would lower it back to public access. If it was insufficiently redacted the court would also order that the filer of the original document provide the court with an appropriately redacted document.
7. To correct the document, if there is no motion filed. What does the court do if they know that there is unredacted information in there?
The Rule says that the clerk doesn’t review the document to ensure compliance or to reject or not accept the document. The document would come in at the public level. The rules do not address whether the court on its own motion can raise the security level and order the party to file a correctly redacted document.
8. What happens when the Motion to Redact Confidential Records (MOTCR) is not properly filed and is not caught? There is an assumption that the document will be filed with the correct code that staff/or reports can "keep an eye out for the code."
The Rule says that the clerk doesn’t review the document to ensure compliance or to reject or not accept the document. The document would come in at the public level. The rules do not address on whether the court on it’s own motion can raise the security level and order the party to file a correctly redacted document.
9. What is the order code and form number for correction to redacted document?
MOTCR - Motion to Redact Confidential Records (GN325) and OOTCR Order to Redaction Confidential Records (GN330).
10. If the filer files a pleading that should be redacted on some items and they miss it? What does the deputy clerk do?
The clerk should accept the filing.
11. On civil and family court judgments - are the clerks responsible for redacting the judge's judgments?
The court is responsible for redacting the documents that have confidential information that the court files such as orders and judgments.
12. Is it my understanding that Show-Me Courts will do redacting for us?
3. Is there a list of what is supposed to be redacted?
Court Operating Rule 2.02(c) includes information as to what may be required to be redacted.
4. Will or can all of the victim's information be redacted?
The prosecutor should be providing a redacted and unredacted document if there is victim information in the documents filed.
5. Since the redaction falls upon the filing party. When would there be a need for the clerks to redact other documents prior to July 1st?
The court will have to redact the documents that they are filing, so judgments, orders, other documents if those documents have confidential information on them. If it’s a document that can be generated through document generation, the system will generate two versions of the document for you. However, if it’s a manually created, the document would have to be reviewed to see if there is any confidential information on it that would have to be redacted before the document is filed. There would be two versions, a confidential and a public facing document, such as a domestic judgment.
6. If an attorney files unredacted information, and no MOTCR (motion to correct redaction) is filed does the court keep the security level public even though we know it is required to be redacted?
When the motion is filed, the clerk is to locate the document that is the subject of the motion and raise the security level of that document. The security level of that document should remain raised until the court rule on the matter in 30 days. The document would either remain at a level 3 or if the court found it was sufficiently redacted, it would lower it back to public access. If it was insufficiently redacted the court would also order that the filer of the original document provide the court with an appropriately redacted document.
7. To correct the document, if there is no motion filed. What does the court do if they know that there is unredacted information in there?
The Rule says that the clerk doesn’t review the document to ensure compliance or to reject or not accept the document. The document would come in at the public level. The rules do not address whether the court on its own motion can raise the security level and order the party to file a correctly redacted document.
8. What happens when the Motion to Redact Confidential Records (MOTCR) is not properly filed and is not caught? There is an assumption that the document will be filed with the correct code that staff/or reports can "keep an eye out for the code."
The Rule says that the clerk doesn’t review the document to ensure compliance or to reject or not accept the document. The document would come in at the public level. The rules do not address on whether the court on it’s own motion can raise the security level and order the party to file a correctly redacted document.
9. What is the order code and form number for correction to redacted document?
MOTCR - Motion to Redact Confidential Records (GN325) and OOTCR Order to Redaction Confidential Records (GN330).
10. If the filer files a pleading that should be redacted on some items and they miss it? What does the deputy clerk do?
The clerk should accept the filing.
11. On civil and family court judgments - are the clerks responsible for redacting the judge's judgments?
The court is responsible for redacting the documents that have confidential information that the court files such as orders and judgments.
12. Is it my understanding that Show-Me Courts will do redacting for us?
Document generation in SMC will create two versions of certain forms that contain confidential information. If the judgment or order is created from Word merge outside of document generation, the court will need review for any required redaction and do it manually with Adobe Professional.
13. Can a non-party file the motion to correct?
Yes.
13. Can a non-party file the motion to correct?
Yes.
14. Are court clerks required to complete the CRIFS form? If so, does this apply to both court and Show-Me Courts (SMC) generated documents that are redacted? When documents are generated from the system should documents with a security level 3 or above be filed using the FREDI code or should the clerk use the appropriate docket code and raise the security level?
If the court generates the document or the document is generated in SMC, that contains personally identifiable information, a redacted and an unredacted copy will be generated – the public facing (redacted copy) should be attached to the case at security level 1 – the unredacted document should be attached to the same docket code as a security level 3. The court clerk will not be required to complete a CRIFS form when documents are generated from the system.
If the court generates the document or the document is generated in SMC, that contains personally identifiable information, a redacted and an unredacted copy will be generated – the public facing (redacted copy) should be attached to the case at security level 1 – the unredacted document should be attached to the same docket code as a security level 3. The court clerk will not be required to complete a CRIFS form when documents are generated from the system.
15. Why is the Confidential Redacted Information Filing Sheet (CRIFS) attached to the confidential information sheets? Shouldn't it be a separate document and/or attached to the petition being filed?
The CRIFS will be used by a self-represented litigant or a party who’s actually filing a petition. Having the CRIFS attached makes sense because the party only files one confidential filling information sheet. If the court receives the CRIFS with information on it, not just the checkbox completed, the court may separate the documents and file the CRIFS using the FREDI code. The petition itself will always be a separate document.
The CRIFS will be used by a self-represented litigant or a party who’s actually filing a petition. Having the CRIFS attached makes sense because the party only files one confidential filling information sheet. If the court receives the CRIFS with information on it, not just the checkbox completed, the court may separate the documents and file the CRIFS using the FREDI code. The petition itself will always be a separate document.
When lawyers eFile, the e-filing system creates a confidential filing information sheet so lawyers should not be filing the confidential redacted information sheet (CRIFS) except when supplemental filing on family court cases.
16. If a party or non-party to a case is requesting authenticated copies of filings, should they be submitting the GN318 if part of what they are requesting is confidential? Further, we would assume authenticated copies would not be redacted.
Yes and yes.
Yes and yes.
17. If someone submits GN318 Application to Inspect Confidential Records and the judge orders they can have access to the unredacted documents, does that include the CRIFS?
If the request is unclear as to inclusion of the CRIFS get clarification from the judge.
If the request is unclear as to inclusion of the CRIFS get clarification from the judge.
November 16, 2023
1Previous answer: The party will complete the GN318 – Application to Inspect Confidential Records (Missouri Courts website General Forms page) for the judge’s review.