Supreme Court of Missouri
en banc
May 24, 2012
Effective July 1, 2012
In re: Repeal of subdivision 2.01, entitled "Scope," subdivision (c) of subdivision 2.04, entitled "Access to Case Records," and subdivisions (a) and (c) of subdivision 2.05, entitled "Access to Personal Information," of Court Operating Rule 2, entitled "Public Access to Records of the Judicial Department," in lieu thereof adoption of a new subdivision 2.01, entitled "Scope," a new subdivision (c) of subdivision 2.04, entitled "Access to Case Records," and new subdivisions (a) and (c) of subdivision 2.05, entitled "Access to Personal Information."
ORDER
1. It is ordered that effective July 1, 2012, subdivision 2.01, subdivision 2.04(c), and subdivisions (a) and (c) of subdivisions 2.05 of Court Operating Rule 2 be and the same are hereby repealed and a new subdivision 2.01, a new subdivision 2.04(c), and new subdivisions (a) and (c) of subdivisions 2.05 adopted in lieu thereof to read as follows:
- COURT OPERATING RULE 2.01 -- SCOPE OF RULE
Court Operating Rule 2 (COR 2) governs public access to the records of the judicial department of Missouri. Litigants or their lawyers who are involved in a case or persons authorized by the court shall have the same access to individual case records as the public under this COR 2 and may have additional access as authorized by law, court rule, or court order.
COURT OPERATING RULE 2.04 -- ACCESS TO CASE RECORDS
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c) The following may be made remotely accessible to the public if available in an electronic format:
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(1) Liens on real estate pursuant to chapter 429, RSMo, during the time they are enforceable as liens;
(2) Final civil judgments, except:
(A) Post-conviction proceedings,
(B) Domestic relations proceedings including, but not limited to, dissolution proceedings, paternity proceedings, and modifications thereof; and
(3) Probate orders and decrees serving as judgments.
The remote accessibility of the material provided by this Court Operating Rule 2.04(c) shall not occur if it is contrary to an order in a particular case, a statute, or a court rule.
COURT OPERATING RULE 2.05 -- ACCESS TO PERSONAL INFORMATION
(a) Official court files. Case records containing social security numbers and personal information may be disseminated pursuant to COR 2.02 if such records are otherwise open to the public pursuant to statute. Unless required by statute, court personnel are not required to expunge or redact social security numbers or personal information that appears in case records.
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(c) Public inquiries. Any public inquiries specifically requesting personal information shall be answered only by providing access to the case files. The clerks shall not provide such information verbally or by facsimile, or e-mail. Personal information includes, but is not limited to:
(1) Social security numbers;
(2) Motor vehicle operator license numbers;
(3) Victim information including name, address, and other contact information;
(4) Informant information including name, address, and other contact information;
(5) Witness information including name, address, and other contact information;
(6) State identification numbers; and
(7) Financial institution account numbers, credit card numbers, personal identification numbers, or passwords used to secure accounts.
Pursuant to local court rule or order, the clerk may:
(1) Redact personal information from the public copy of the court record, or
(2) Raise the security level of the document in the case management system if the document cannot be adequately redacted to protect personal information.
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
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RICHARD B. TEITELMAN
Chief Justice