Here’s what to do to make sure protected information does not appear in the public court file, as required by new rules in effect July 1, 2016.
July 20, 2016 – Attorneys and legal staff who prepare documents for filing in circuit court need to be aware of new Wis. Stat. section 801.19, regarding protected information in circuit court records.
To lessen the potential for identity theft, documents filed on or after July 1, 2016, may not contain these five specific numbers:
- Social Security numbers;
- driver’s license numbers;
- financial account numbers;
- tax identification numbers; and
- passport numbers.
The statute is intended to keep these numbers out of the public court file. Redaction is required for both pleadings and attachments.
New Form Required for the Five Numbers
If these numbers are not needed for the court proceeding, simply omit them or redact them from the document being filed. If the numbers are needed for the court proceeding, submit them separately on the new Confidential Disclosure of Protected Information form, GF-241.
Access to parties and agencies is still allowed as provided by law. Review local forms to ensure protected information does not appear in the public court file.
Identifying Confidential Documents for the Court
Another new rule requires filing parties to identify confidential documents when they are filed. Wis. Stat. section 801.20 requires the Director of State Courts to publish a list of commonly-filed documents made confidential by statutes, court rules, and case law.
Filing parties are required to identify these documents for the court at the time of filing. This list appears on the Cover Sheet for Confidential Records form, GF-244.
Questions? Here's Where to Find Out More Information
For additional information on the new rules, see:
- “Court Filings: New Rules to Protect Confidential Information in Wisconsin Court Records,” May 2016 Wisconsin LawyerTM magazine.
- “Protection of information (redaction, confidentiality, sealing),” Wisconsin Court System website.
- “Following the Rules: E-banking, E-filing Among 5 New Rules in Effect July 1,” June 15, 2016, InsideTrackTM.
- “New Rules for Protecting Information in Court Records (2016),” OnDemand Seminar, State Bar of Wisconsin PINNACLE®.
