Order dated April 4, 2023, correcting COR 2.02(e) Manner of Redacting

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Supreme Court of Missouri
en banc

April 4, 2023
Effective July 1, 2023

In re:

Correction of subdivision 2.02(e), entitled "Manner of Redacting," of subdivision 2.02, entitled "General Policy," of Court Operating Rule 2, entitled "Public Access to Records of the Judicial Department," effective July 1, 2023.

ORDER

1.  By orders of June 28, 2022, and January 31, 2023, this Court adopted a new subdivision 2.02(e) of Court Operating Rule 2 to be effective July 1, 2023.  The Court hereby corrects those orders so that, as corrected, effective July 1, 2023, subdivision 2.02(e) shall read as follows:

COURT OPERATING RULE 2.02  GENERAL POLICY

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(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 for filing 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 84.015 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. 

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2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3.  It is ordered that this order be published in the South Western Reporter.

4.  The state courts administrator shall provide copies of this order to every presiding circuit court judge and circuit clerk and such other persons as the administrator deems appropriate.

Day – to – Day

__________________
PAUL C. WILSON
Chief Justice

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