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Rule 12 Identification and Handling of Cases, Court Records, Data, Documents, and Information That Are Nonpublic or to Which Access Has Been Limited

Part One: Rules of Electronic Court Records Access

The filer must ensure that cases, court records, data, documents, and information that are nonpublic or to which access has been limited are redacted before submission, or are otherwise submitted to the court in accordance with these rules.

(A) For all cases that are nonpublic, or to which access is limited, every filing must be clearly and conspicuously marked, “NONPUBLIC,” whether filed conventionally or submitted as nonpublic through the EFS.

(B) When a document or other filing that is nonpublic or to which access has been limited is submitted to the court in a public case, that document or filing must be clearly and conspicuously marked, “NONPUBLIC,” whether filed conventionally or submitted as nonpublic through the EFS. This is required whether or not an applicable court form exists and is used by the filer.

(C) A filer must not submit data, documents, or information that are nonpublic, or to which access has been limited as part of a public document.

(D) If a submitted document does not comply with the requirements of these rules, the court may reject the submission.

(E) If a filed document does not comply with the requirements of these rules, the court may, upon motion or its own initiative, order:

(1) Redaction by the filer;

(2) A change in the security setting of the document; or

(3) That the document be stricken and be deemed not to have been filed. A court may impose sanctions for violation of this rule.