Rule 42 - Protecting Identities-Sealed Items and Identification Numbers(a)Items Sealed in the Trial Tribunal. Items sealed in the trial tribunal remain under seal in the appellate courts. When these items are filed with the appellate courts, counsel must attach a copy of the order, statute, or other legal authority that sealed the item below.(b)Items Sealed by Operation of Rule. By virtue of this subsection, items filed with the appellate courts are under seal in the following matters: (1) Appeals filed under N.C.G.S. § 7B-1001;(2) Appeals filed under N.C.G.S. § 7B-2602;(3) Appeals filed under N.C.G.S. § 7A-27 that involve a sexual offense committed against a minor; and(4) Cases in which the right to appeal under one of these statutes has been lost. In briefs, motions, and petitions filed in these matters, counsel must use initials or a pseudonym instead of the minor's name. Counsel for each party must agree on the initials or pseudonym and must include a stipulation that evidences this agreement in the record on appeal.
(c)Items Sealed by the Appellate Courts. If an item was not sealed in the trial tribunal or by operation of rule, then counsel may move the appellate court to seal that item. Items subject to a motion to seal will be held under seal pending the appellate court's disposition of the motion.(d)Labeling Sealed Items. Documents filed with the appellate courts that are under seal must display at the top of the first page this notice: UNDER SEAL AND SUBJECT TO PUBLIC INSPECTION ONLY BY ORDER OF A COURT OF THE APPELLATE DIVISION
If the document under seal is included within another document, then this notice must also be displayed at the top of the first page of that other document. Non-documentary items filed with the appellate courts that are under seal must be submitted in an envelope or box that displays the same notice.
(e)Identification Numbers. Driver license numbers, financial account numbers, social security numbers, and tax identification numbers must be excluded or redacted from all documents that are filed with the appellate courts unless the number is necessary to the disposition of the appeal. If the number is necessary to the disposition of the appeal, then counsel may move to seal the documents in which the number appears.368 N.C. 1067; 354 N.C. 598; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974.
Amended June 18, 2024, effective 6/18/2024.Former Rule 41, "Title," was renumbered as Rule 42 on 3 March 1994, 368 N.C. 1067, and then later recodified as Rule 1(a) on 2 July 2009, 363 N.C. 901.