Rule 35 Segregation and Protection of Personal Information
Rule Text
A Purpose. This rule establishes:
A(1) Procedures for a person to identify and segregate protected personal information and to request the information be kept from inspection by the general public.
A(2) A process for the court, on granting a request under this rule, to segregate and protect personal information from nonprotected information in the case file.
B Exclusivity. This rule is not the exclusive means for the court to protect personal information in case files from public inspection.
C “Protected Personal Information” Defined. For purposes of this rule, “protected personal information” is information that:
C(1) Identifies a person beyond that person’s name (e.g., Social Security number, maiden name, driver license number, birth date and location) or identifies a person’s financial activities (e.g., credit card number, credit report, bank account number or location); and
C(2) The court is permitted to maintain as confidential and not subject to public inspection as provided in the Oregon Public Records Law (OPRL, ORS 192.340 to 192.401).
D Procedure for Party.
D(1) A person or entity required to file a document in the court that contains protected personal information may submit that information on a separate document together with a motion that describes the information and requests that the Tax Court keep the separate document segregated from the court file. The moving party must serve a copy of the motion on all other parties to the appeal, review, or other proceeding. During the pendency of the motion, the separate document will not be available for public inspection.
D(2) A person or entity who has filed a document in the Tax Court that contains protected personal information may submit a motion to replace the document with a document that redacts the protected personal information and requests that the Tax Court keep the original document segregated from the court file. The moving party must submit the proposed redacted document with the motion. The moving party must serve a copy of the motion and the proposed redacted document on all other parties to the appeal, review, or other proceeding. During the pendency of the motion, the document containing protected personal information will not be available for public inspection.
E Court Response. If the court grants the motion, the court will issue an order to that effect and segregate the document containing the protected personal information from the court file unless a question arises about the court’s legal authority to keep the specific information from public inspection. The motion and order will remain in the court file. Any request for public inspection of such a document containing protected personal information must be made in writing, filed with the court, and served on all other parties to the proceeding.
F Time Limits, Court Authority to Refuse Request Based on Resources. This rule sets no time limit for the court to segregate information from existing court records when requested under this rule. The court has a reasonable time given its ordinary workload and resources available. Notwithstanding other parts of this rule, the court is not required to segregate information from existing court records based on a request under this rule if the workload created would adversely affect the resources available for the court to perform its ordinary duties. TCR amended Jan 1, 2026.