Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Privacy topic
No spam. Unsubscribe anytime.
New Rule 5.2 aims to safeguard privacy in filings but allows party challenges
Summary
Rule 5.2 requires parties to designate confidential portions of filings and imposes a 10‑day response period for motions to unseal; personal identifiers must be obscured (initials) and unsealing motions shift the burden to opposing parties.
The committee highlighted Rule 5.2 as a significant privacy provision intended to govern confidential filings in state court e‑filing systems. "Under Rule 5.2, a party can file confidential documents, and they have to indicate which portion of their filing is confidential," Casey Forbes said, adding that any motion to unseal has a 10‑day response window and that personal identifiers in filings must be obscured by initials.
The committee said portions of Rule 5.2 were adapted from appellate procedure rules already in use and that tweaks were made after public comment. Practitioners should consult the court's rules page and the January 2024 order for the complete text and guidance on e‑filing confidentiality practices.
