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Rule 20-201.1, Requirements for Electronic Filing

Pursuant to Rule 20-201.1 (a) (b)

Effective October 1, 2020, e-filers will no longer have the ability to set the security for confidential documents. The confidential security option is being removed from File and Serve. As a result of the rule change, if you are filing a confidential document (see note below for exceptions), a notice regarding the reason for confidentiality must be filed for court review. A representative from the court will be responsible for reviewing the notice and securing the document.

Beginning October 1, 2020, you must satisfy new requirements for a document to be considered confidential.

  1. The first page of the document must be prominently marked as containing restricted information.
  2. You must select the “Notice of Restricted Information” filing code so that you can attach the form described in step 3.
  3. You must complete and attach the “Notice Regarding Restricted Information Pursuant to Rule 20-201.1” form to the filing.

If any of these requirements are not met, the filing may be rejected.

Pursuant to Rule 20-201.1 (c)   

If a filer believes that a submission contains both restricted and non-restricted information, the filer must file a redacted and unredacted version of the submission. 

Pursuant to Rule 20-201.1 (d)   

Requests to seal a court submission must include the legal basis justifying the sealing of the submission and a file name that includes the word “sealed.” The filer must include a motion and proposed order if there is no existing order. If there is an existing order to seal, the order must be identified. 

The completion of the new form, Notice Regarding Restricted Information Pursuant to Rule 20.101.1, will ensure that your filing is in compliance with the rule for restricted information. 

Note: If a case is an Adoption, Emergency Evaluation, Extreme Risk Protective Order (ERPO), Guardianship, or Juvenile case type, documents are confidential by default and no notice to the court is required.