Electronic Discovery Law

Recent Amendments to Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure Require Redaction of Personal Identification Information from Documents Filed with the Court

On December 1, 2007, the amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure that implement the E-Government Act of 2002 became effective.  The amendment to Appellate Rule 25, and new Bankruptcy Rule 9037, Civil Rule 5.2, and Criminal Rule 49.1 require that personal identification information be redacted from documents filed with the court — individuals' Social Security and taxpayer identification numbers, names of minor children, financial account numbers, dates of birth, and, in criminal cases, home addresses.

A memorandum briefly describing the new privacy rules, the text of the rules and committee notes, and additional information contained in the excerpt reports of the Rules Committees have been posted on the U.S. Court’s Federal Rulemaking website, and are also linked below.

Memorandum Describing the Privacy Rules and Judicial Conference Privacy Policy

Text of Appellate Rule 25 and Committee Note

Text of Bankruptcy Rule 9037 and Committee Note

Text of Civil Rule 5.2 and Committee Note

Text of Criminal Rule 49.1 and Committee Note

Excerpt Reports of Rules Committees

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