February 12, 2019 § Leave a comment
It’s a nettlesome thing when all are assembled in the courtroom for hearing at the appointed time, and there is an announcement that one party filed a sheaf of papers at 5 pm the evening before. The filing may have been a pleading, or affidavits in a R56 case, or a counterclaim, or a defense, or supplemental discovery, or whatever. But the bottom line is that the judge, who conscientiously prepares for hearing by reviewing pleadings and other matter scheduled to come before her, has not seen any of it.
This situation is actually addressed in the MEC rules (officially named the Electronic Courts Administrative Procedures) at Section 3.A.10, which reads:
All motions, pleadings, and other papers filed electronically during or within twenty-four hours prior to a trial, hearing, or other proceeding relating to the case in which the filing occurs shall be accompanied by a paper copy of the filing to be distributed to the appropriate chambers by the clerk.
Clearly one can not comply with the letter of the rule if the filing is after the clerk’s office is closed for the day. My advice is to get a copy to the clerk’s office immediately when it opens for business with the request that the clerk deliver it to the judge right away. There will still be chagrin, but the bruise will not be as deep.
Oh, and you will make your judge and staff attorney happy if you will include in your notices of hearing and orders setting hearings the MEC document numbers for all pleadings and motions that will be presented. That goes, too, for respondents and defendants. Notify the court of the document numbers that the court is required to review before taking the bench. It’s more than a simple courtesy; it’s what the judge needs to be prepared. In this district we will not sign an order setting a matter for hearing, and you can not get a setting for a hearing until you provide the MEC document number(s).
January 8, 2018 § 2 Comments
Section 9(A) of the MEC administrative procedures imposes a duty to protect sensitive information of parties and children in filings with the court. Social Security numbers, names of minor children, dates of birth, and financial account numbers are prohibited and must be redacted. Attorneys are directed to use caution with personal identifying numbers (e.g., driver’s license numbers), medical records, employment history, individual financial information, and proprietary or trade-secret information.
There are exceptions, however, set out in Section 9(B). It states:
The redaction requirement shall not apply to the following:
- The record of an administrative or agency proceeding.
- The record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed. See Section 5(D) for a listing of restricted access cases.
- Documents filed under seal.
- Documents filed as Restricted Access if the private information is necessary and relevant to the case. See Section 5(D) for listing of restricted access cases.
Section 5(D) designates certain cases as “Restricted Access” (RA), meaning that persons other than the attorneys of record and clerks will only be able to view remotely the case’s docket page; as with other unsealed cases, the public may view documents on file in RA cases at the terminal in the clerk’s office.
Cases designated as RA include:
Debt Collection; Garnishment; Replevin; Child Custody/Visitation; Child Support; Divorce, both fault and irreconcilable differences; Modification; Paternity; Termination of Parental Rights; Birth Certificate Correction; Conservatorship; Guardianship; Minor’s Settlement; Protection from Domestic Abuse Law.
Note that adoption is not listed. That’s because adoptions are under seal, and so are exempted under 9(B)(3), above.
Also not listed are estates. That means that the redaction requirements do, indeed, apply to them.
Even if your case is not designated in the rule as an RA case, you may still move the court to restrict a document or the entire case for good cause, per Section 5(D)(3).
Just because your case falls in an RA category does not mean that can or should ignore your client’s right to privacy. Social Security numbers, financial account numbers, passwords, and personal identifying numbers should always be scrubbed from documents filed with the court, exchanged in discovery, and introduced into evidence, unless your client has specifically authorized you to release that specific information.
And remember that MRCP 5.1 extends the MEC privacy rules to districts using non-MEC electronic filing.