Rule 12 - Filing a Document Which Contains Confidential Information(a) The following provisions govern a filing party's obligations when filing a document containing "confidential information" as defined in this rule. These provisions apply to both electronic filings and conventional filings by parties. If a document is confidential in its entirety, as defined in Rule 11, the filing party must follow the procedures for filing a confidential document set forth in Rule 11.(b) Confidential information shall not be included in a filing if it is neither required for filing nor material to the proceeding. If the confidential information is required or is material to the proceeding, the party must file the information in the manner prescribed by this rule.(c) It is the responsibility of the filing party to ensure that confidential information is omitted or redacted from documents before the documents are filed, except when the filing party is completing certain required fields in a system-generated form. See Rule 12(d)(1). It is not the responsibility of the clerk or court staff to review narratives contained within system-generated documents or uploaded documents filed by a party to determine whether appropriate omissions or redactions have been made. Confidential Information" means:(1) Information that is not to be accessible to the public pursuant to to state law, administrative or court rule, court order, or case law including, but not limited to, the following: (A) information that would compromise the confidentiality of juvenile delinquency proceedings, children in need of services proceedings, or abuse/neglect proceedings; (C) information that would compromise the confidentiality of termination of parental rights proceedings; (C) information that would compromise the confidentiality of adoption proceedings;(D) information that would compromise the confidentiality of mental health proceedings. (2) information sealed by the court; (3) financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit card numbers or Personal Identification Numbers (PINs) of individuals including parties and non-parties; (4) the following personal identifying information of a party: social security number, date of birth (except a defendant's date of birth in a criminal case), mother's maiden name, a driver's license number, a fingerprint number, the number of other government-issued identification documents or a health insurance identification number; (5) the following personal identifying information of a non-party: social security number, date of birth, mother's maiden name, a driver's license number, a fingerprint number, the number of other government-issued identification documents or a health insurance identification number, street address or telephone number; (6) personal identification information included on a warrant; (7) information that is not to be accessible to the public pursuant to federal law. (d)Filing system-generated forms containing confidential information through the electronic filing system.(1) If the filing party is completing a guided interview or questionnaire or is responding to system-generated questions or prompts (other than those calling for a narrative) through the electronic filing system, the filing party may complete the field and is not responsible for redacting information in that field to ensure its confidentiality. The system-generated forms are designed to comply with these confidentiality rules, and information contained within fields (other than those calling for a narrative) that require the filer to provide confidential information will not be accessible to the public upon filing and instead will, as necessary, automatically populate on a Confidential Information Sheet. (2)When completing a field calling for a narrative in a system-generated document, a party shall omit confidential information from the field when the information is not required to be included for filing and is not material to the proceeding. (3) If confidential information is required for filing and/or is material to the proceeding and therefore must be included in the narrative, the filer shall, in the circumstances described below, take the following precautions: (A) if the information is identified as confidential in Rule 12(c) of these rules, the filer shall: (i) complete the narrative in the appropriate text box, omitting the confidential information; and, as prompted by the system, (ii) provide the narrative including the 12(c) confidential information in a separate text box which will automatically populate on a Confidential Information Sheet. (B) if the information is information the filer requests that the court deem confidential, but which is not identified as confidential in Rule 12(c), the filer shall: (i) complete the narrative in the appropriate text box; and(ii) file a motion to seal the narrative. See Rule 13 ("Motions to Seal"). (C) if the filing contains both Rule 12(c) confidential information and information the filer believes to be confidential but which is not identified as confidential in Rule 12(c), the filer shall:(i) complete the narrative in the appropriate text box, omitting the Rule 12(c) confidential information; (ii) provide the narrative including the Rule 12(c) confidential information in a separate text box which will automatically populate on a Confidential Information Sheet; and(iii) file a motion to seal the narrative omitting the Rule 12(c) confidential information but containing the information the filer believes to be confidential. See Rule 13 ("Motions to Seal"). (e) Filing Court-Created Forms Containing Confidential Information(1) If the filing party is completing a court-created form which will be uploaded and filed electronically or conventionally filed, the filer shall leave blank those sections of the form requesting confidential information set forth in Rule 12(c), and shall file the form with a Confidential Information Sheet containing the confidential information that was left blank on the form.(2) When completing a section calling for a narrative in a court-created form, a filing party shall omit confidential information from the section when the information is not required to be included for filing and is not material to the proceeding. (3) When confidential information is required for filing and/or is material to the proceeding, and therefore must be included in the narrative in a court-created form, the filer shall, in the circumstances described below, take the following precautions: (A) If the information is identified as confidential in Rule 12(c) of these rules, the filer shall: (i) complete the narrative in the appropriate section of the form, omitting the confidential information; and (ii) provide the narrative including the 12(c) confidential information in the appropriate place on the Confidential Information Sheet. (B) If the information is information the filer requests that the court deem confidential, but is not identified as confidential in Rule 12(c), the filer shall: (i) complete the narrative in the appropriate section of the form, and (ii) file a motion to seal the narrative. See Rule 13 ("Motions to Seal"). (C) If the filing contains both Rule 12(c) confidential information and information the filer believes to be confidential but which is not identified as confidential in Rule 12(c), the filer shall: (i) complete the narrative in the appropriate section of the form, omitting Rule 12(c) confidential information but including the non-Rule 12(c) information the filer believes to be confidential;(ii) provide the narrative including the Rule 12(c) confidential information in the appropriate place on the Confidential Information Sheet; and(iii) file a motion to seal the narrative omitting the Rule 12(c) confidential information but containing the information the filer believes to be confidential. See Rule 13 ("Motions to Seal"). (f)Filing Uploaded Party-Created Documents or Exhibits or Attachments Containing Confidential Information. (1) When a party has created a document for filing, or is filing an exhibit or attachment which will be uploaded and filed electronically or conventionally filed, the filing party shall omit or redact confidential information from the filing when the information is not required to be included for filing and is not material to the proceeding. If none of the confidential information is required or material to the proceeding, the party should file only the version of the document from which the omissions or redactions have been made. (2) If confidential information is required for filing and/or is material to the proceeding, and therefore must be included in the document, the filer shall, in the circumstances described below, take the following precautions: (A) If the information is identified as confidential in Rule 12(c) of these rules, the filer shall: (i) omit or redact the confidential information; and (ii) provide the text from the document which includes the Rule 12(c) confidential information in the appropriate place on the Confidential Information Sheet. (B) If the information is information the filer requests that the court deem confidential, but which is not identified as confidential in Rule 12(c), the filer shall file: (i) an unredacted version of the document; and (ii) a motion to seal the document. See Rule 13 ("Motions to Seal"). (C) If the filing contains both Rule 12(c) confidential information and information the filer believes to be confidential but which is not identified as confidential in Rule 12(c), the filer shall:(i) omit or redact the Rule 12(c) confidential information from the document but include the information the filer believes to be confidential;(ii) provide the text from the document which includes the Rule 12(d) confidential information in the appropriate place on the Confidential Information Sheet; and(iii) file a motion to seal the document omitting the Rule 12(c) confidential information but containing the information the filer believes to be confidential. See Rule 13 ("Motions to Seal").(g)Sanctions. If a party knowingly files documents that contain or disclose confidential information in violation of these rules, the court may, upon its own motion or that of any other party or affected person, impose sanctions against the filing party. N.H. Pil. R. Cir. Ct. Elect. Fil'g 12
Amended February 26, 2021, effective 2/26/2021.Comment
These provisions are intended to ensure that confidential documents and confidential information contained within documents are accessible, upon filing, only to the court and its staff, to the parties and their attorneys or the parties' authorized representatives, and to others authorized to perform service of process. Any person or entity not otherwise entitled to access may file a motion or petition to gain access to any sealed or confidential court record. See, e.g., Associated Press v. State of N.H., 153 N.H. 120 (2005); Petition of Keene Sentinel, 136 N.H. 121 (1992); see also District Division Rule 1.26; Family Division Rule 1.30; Probate Division Rule 169 -A; Superior Court Rule 13B(e); New Hampshire Rule of Criminal Procedure 50(e).