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UNITED STATES DISTRICT COURT

Eastern District of Texas

Honorable Rodney Gilstrap, Chief Judge
David A. O'Toole, Clerk of Court

Sensitive Information

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FILING AND REDACTION OF SENSITIVE INFORMATION

REDACT BEFORE YOU FILE

  • Fed. R. Civ. P. 5.2(a) and Fed. R. Crim. P. 49.1(a) require the redaction, with limited exceptions found in section (b) of each rule, of the following personal identifiers:
    • A social security number, taxpayer identification number, and financial account number to display only the last four digits;
    • A date of birth to display only the year; and
    • The name of a person known to be a minor to display only the minor’s initials,
    • A home address in a criminal case to display only the city and state.
  • Pursuant to sections (f) and (g) of the same rules, unredacted versions or reference lists that relate to filings redacted pursuant to Fed. R. Civ. P 5.2/Fed R. Crim. P. 49.1(a) may be filed under seal. (Leave of court is not required to file the unredacted version or reference list.)
  • A person waives the protection of these rules as to the person’s own information by filing it without redaction and not under seal.
  • THE CLERK DOES NOT REVIEW DOCUMENTS AND APPLY REDACTIONS.

EX PARTE DOCUMENTS

  • Include the words “FILED EX PARTE” at the top of the document.
  • Use the available Ex Parte Motion and Ex Parte Document events available in CM/ECF, which will protect the filing from public and opposing counsel’s view. You will receive a Notice of Electronic Filing and have private access to the document in CM/ECF. (Tip: To quickly locate the events, use the Search menu tool to search for “Ex Parte.”)

SEALED DOCUMENTS

  • You must have authorization to file under seal via statute, federal rule, LR CR-49, or LR CV-5(a)(7).
  • Your sealed document must state “FILED UNDER SEAL” at the top and otherwise comply with all form provisions of LRs CV-5(a), CV-7, and CV-10.
    • The Motion to Seal and Motion to Seal Case events are public and intended to be filed immediately before the sealed document (LR CV-5(a)(7)(C). Do NOT attach your sealed document to these events!
    • If you must file your motion to seal as a sealed document due to the need to include sensitive information or descriptions in the motion to seal, use the Sealed Motion event. There are a variety of sealed events for motions, responses, etc. Look for the word “Sealed” at the beginning of the event title.
  • The sealed events available in CM/ECF for civil case docketing will result in an entry with docket text viewable by the public but a sealed PDF. A notice of electronic filing will be sent to all parties, but the document will not be accessible. Therefore, service outside of CM/ECF is necessary and a certificate of service is required.
  • The sealed events available in CM/ECF for criminal case docketing will result in an entry that is not viewable by the public. No notice will be sent to any party, and the document is not accessible. Therefore, service outside of CM/ECF is necessary and a certificate of service is required.
  • If you inadvertently use a public event for a document that you intended to file under seal, contact our office so we may assist you by immediately sealing the document. If a motion to seal is not already pending, you will be expected to file one immediately thereafter. (If a recipient’s CM/ECF account is configured to receive instant notice, the clerk cannot recall the notice of electronic filing, which displays the docket text, but access to the PDF will be denied if the seal is applied before the document hyperlink is accessed. Be careful to select an appropriate event.)

WITNESS LISTS

  • Witness lists are public documents. Do not include home addresses.