Kentucky

Civil Rule 7.03 is new, new, new.

In a nutshell:

• Attorney shall redact SSN, DOB, TIN, financial account number in civil matters (DOB ok in criminal pleadings) from those documents FILED WITH THE COURT.
• Attorney is the custodian of the original.
• Court may order unredacted filed under seal.
• Not the clerk's responsibility to review the filings for compliance.  Responsibility vests with counsel and party filing documents.
• Failure to comply will subject attorney to sanctions and relevant portions stricken.

Implications:

• Redacting these items from the pleadings and other prepared discovery should be straightforward.  However, I have been simply not providing SSN and DOB in the discovery responses and sending that under separate cover.  Now it looks like two documents one redacted and one not.  TIN and other financial information arises frequently in divorce and business litigation.
• The rule includes "certain personal data identifiers" and then lists specifics.  What about residences, former residences, children's names, health care providers, employers' names, etc.???  Is the "including" all inclusive or by way of example?
• What about the interrogatory asking about other civil or criminal matters which may contain personal indentifiers filed before the civil rule change?
• What about the requests for documents such as medical records, personnel records, employment records, insurance policies, etc.? Sounds like the easiest solution is not to produce for filing with the court but simply make them available for inspection or copying and sent by separate cover (copies or digital format).
• These questions only scratch the surface of the ramifications of this rule which must also be read together with the subpoena changes since many records from physicians and employers and financial institutions require personal identifiers.  I will have to reread the rules regarding the filing of subpoenas and see what the risks are on these documents to avoid inadvertant filing by the sheriff of any unredeacted documents.

Make  your comments on these changes and how to avoid problems.