Rule 16 - Confidential FilingsThe electronic filing of a case or document does not affect the confidential status to which the case or document may otherwise be entitled under applicable law, including Supreme Court Rule 12.
(a)Filing a Document that is Partially Confidential in a Nonconfidential Case. This provision applies in a nonconfidential case to a party's filing of a document a portion of which contains material that has been determined to be confidential by the trial court, administrative agency, other tribunal, or the supreme court. A party who files a document that is partially confidential must: (1) notify the court, at the time of filing and in a conspicuous manner, that the document contains confidential material, and identify the specific basis for confidentiality;(2) file the document with the confidential material;(3) file a redacted version of the document, from which the confidential material has been removed; and(4) if a party is submitting the document electronically, the party must: (A) notify the court of the document's status as confidential by designating the document as confidential in the electronic filing system and by indicating in the electronic filing system the basis for the document's confidentiality, because doing so will prevent the document from being available for public inspection; and(B) electronically submit the redacted version of the document without designating it as confidential in the electronic filing system, so that the redacted version is available for public inspection.(b)Filing a Confidential Document in a Nonconfidential Case. This provision applies in a nonconfidential case to a party's filing of a document that has been determined to be confidential in its entirety by the trial court, administrative agency, other tribunal, or the supreme court. A party who files a document that is confidential in its entirety must notify the court, at the time of filing and in a conspicuous manner, that the document is confidential, along with the specific basis for confidentiality. If the party is submitting that document electronically, the party must notify the court of the document's status as confidential by designating the document as confidential in the electronic filing system and indicating in the electronic filing system the basis for the document's confidentiality, because doing so will prevent the document from being available for public inspection.(c)Filings in a Confidential Case. This provision applies to a case that has been determined to be confidential in its entirety by the trial court, administrative agency, other tribunal, or the supreme court. A party who initiates a confidential case must indicate in a conspicuous manner on the notice of appeal form or in the appeal document or other case-initiating document that the entire case is confidential, along with the specific basis for confidentiality. If the case is initiated electronically, the filer shall not designate the case-initiating document as confidential in the electronic filing system because doing so will defeat the ability of parties to view the case-initiating document through the "Case View" functionality of the electronic filing system. Similarly, a party who electronically submits a subsequent document in a confidential case shall not designate the document as confidential in the electronic filing system because doing so will defeat the ability of parties to view that particular document through the "Case View" functionality of the electronic filing system. If a document is electronically designated by a party as confidential in contravention of this provision, the clerk may remove the designation, but the clerk's removal of the designation shall not thereby alter the confidential status of the case or document.(d)Confidential Filings When There Has Been No Prior Determination of Confidentiality. As set forth in Supreme Court Rule 12(2)(b), a party or other person with standing who seeks to have the case record or a portion of the case record, such as a particular document, determined to be confidential by the supreme court must file a motion to seal. In addition to the procedure set forth in Rule 12(2)(b), if the party who seeks a determination of confidentiality is electronically submitting the case or document for which the confidentiality determination is sought, the party must:(1) file the motion to seal electronically, but not designate the motion itself as confidential in the electronic filing system;(2) designate each document for which confidentiality is sought as confidential in the electronic filing system; and(3) indicate in the electronic filing system the basis for confidentiality. The party's designation of a document as confidential in the electronic filing system neither establishes confidentiality nor takes the place of a motion to seal as required by Supreme Court Rule 12(2)(b). Upon filing of the motion to seal, the case record or the portion of the case record which is the subject of the motion shall be kept confidential pending a ruling on the motion. If the motion to seal is denied, the clerk shall remove the confidential designation of the case record or document in the court's case management system.(e)Court Action When Confidentiality is Required. The failure of a party filing electronically to comply with the provisions of this rule, or the failure of a party or other person with standing to request that a case record or a portion of a case record be confidential, shall not preclude the court from determining on its own motion that a statute, administrative or court rule, or other compelling interest requires that a case record or a portion of a case record be kept confidential. However, the responsibility for properly designating and identifying confidential material in accordance with this rule rests solely with the parties and their attorneys. It is not the responsibility of the court or the clerk to review each document to ensure that confidential material has been properly designated and identified as confidential.(f)Documents Submitted Ex Parte or for In Camera Review. The procedures set forth in this Rule 16 do not apply to documents submitted ex parte or to documents submitted for in camera review. As set forth in Rule 6 of these rules, such documents must be conventionally filed.Adopted March 29, 2018, effective 3/29/2018; amended effective 1/1/2020; amended effective 1/1/2020.