NOTICE TO MEMBERS OF THE BAR AND LITIGANTS

U.S. District Court, District of Utah

Office of the Clerk of Court


Updated November 22, 2004

Pursuant to Section 205 of the E-Government Act of 2002 and policies of the Judicial Conference of the United States, the District of Utah provides remote electronic access via WebPacer to most documents that are filed with the Clerk of Court in civil and criminal cases. No such access is available for documents that are under Court seal; documents filed in Social Security cases; and, in general, any document that is not included in the public case file. The accessible filings comprise (i) electronic images of paper filings and (ii) electronic filings which the Court will begin to accept in midyear of calendar year 2005. Bear in mind that documents filed electronically will be text searchable. Because remote electronic access makes these court records accessible on this Court's Internet website via WebPACER to a much wider audience, you – counsel and parties – are advised to exercise great caution when preparing documents for filing and to carefully consider whether to include sensitive or confidential personal information. If the personal information is neither relevant nor necessary to the case, do not include it in your filings.

Where you do deem it necessary and relevant, Court policy requires that you partially redact personal data identifiers such as Social Security numbers, birth dates, financial account numbers, names of minor children, and home addresses in any document, including exhibits thereto, filed with the Clerk. Information on the Judicial Conference's action in these matters is available at http://www.privacy.uscourts.gov

In compliance with the E-Government Act of 2002, if you wish to file a document containing the personal data identifiers specified above, you may either:

1.  File the unredacted document under court seal. The Court will retain the document as a part of the record; or

2.  File a reference list under seal. The reference list shall contain both the complete and the redacted versions of any and all personal data identifiers specified in the document. All references in documents filed in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete identifier. The reference list must be filed under Court seal and may be amended as of right. It shall be retained by the court as part of the record.

Absent a showing of good cause, as set forth in local rules DUCivR 5-2, Filing Cases and Documents under Court Seal, and DUCrim 49-2, Filing Criminal Cases and Documents under Court Seal, the Court may require you to file a redacted copy of the document for the public file.

You also are advised to exercise due caution when filing documents that contain items of personal information, including the following:

  1. Any personal identifying number, such as a driver's license number;
  2. Medical treatment, diagnosis, and related records;
  3. Employment history;
  4. Individual financial information;
  5. Proprietary and/or trade secret information;
  6. Information regarding an individual's cooperation with the government;
  7. Information regarding the victim of any criminal activity;
  8. National security information; and
  9. Sensitive security information as described in 49 U.S.C. § 114(s).

If any party or attorney deem it necessary to include such personal information in a document intended for filing with the Clerk, they shall carefully consider filing a motion to seal such document pursuant to DUCivR 5-2(d)(1),(3). Attorneys are strongly urged to share this notice with and to advise clients of these guidelines to ensure that an informed decision about whether to include this type of information may be reached. If a redacted document is filed, it is the sole responsibility of counsel and the parties to ensure that all filings comply with the policy of this Court requiring redaction of personal data identifiers. The Clerk of Court will not review each pleading for purposes of redacting such information.

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United States District Court, District of Utah. 351 S. West Temple, Rm. 1.100, Salt Lake City, UT 84101. (801) 524-6100. E-mail: support@utd.uscourts.gov