N.D. R. App. P. 14

As amended through March 18, 2024

Rule 14 - Identity Protection

(a)Form of Confidential References. all filed documents, at oral argument and in opinions, the following individuals may not be referred to by name but may be referred to by the individual's initials:

(1) the respondent in a mental health proceeding;

(2) the respondent and members of the respondent's family in a conservatorship or guardianship proceeding;

(3) the respondent in a juvenile proceeding;

(4) the child and members of the child's family in a proceeding to terminate parental rights;

(5) a minor child;

(6) a victim or alleged victim of a sexual offense.

(b)Other Privacy Protection. Privacy protections in N.D.R.Ct. 3.4. in the North Dakota Century Code, and the North Dakota Constitution must be complied with in all filed documents, at oral argument and in opinions.

(c)Modification of Electronic Opinions.

(1) Individual Names. On request, if the name of an individual eligible for protection under subdivision (a) appears in the electronic version of a specific appellate opinion, it must be replaced by the individual's initials and the opinion annotated with the words "Modified under N.D.R.App.P. 14."

(2) Birth Dates. On request, if the full birth date of any individual appears in the electronic version of a specific appellate opinion, it may be replaced by the individual's birth year and the opinion annotated with the words "Modified under N.D.R.App.P. 14."

N.D. R. App. P. 14

Sources: Joint Procedure Committee Minutes of September 30, 2011, pages 17-18; April 26-27, 2007, pages 28-29.

EXPLANATORY NOTE

Rule 14 was adopted effective 3/1/2008;3/1/2009;12/15/2011. This rule is not intended to create a separate cause of action; 3/1/2019; amended effective 3/1/2020.

Subdivision (a) was amended, effective________2019 to require identity protection for all filed documents.

Paragraph (a)(4) was amended, effective ____________to require all references to a child or members of a child's family in appellate material to be by the individual child's initials in termination of parental rights proceedings.

Paragraph (a)(5) was amended effective3/1/2009, to require all references to minor children in appellate material to be by the individual child's initials.

Subdivision (b) was added, effective________,2019, to require identity protection for all documents as provided for in N.D.R.Ct. 3.4, in the North Dakota Century Code, and in the North Dakota Constitution.

Paragraph (b)(2) was added, effective12/15/2011, to allow persons to request removal of a full birth date from an electronic version of an appellate opinion.

Paragraph (a)(4) was amended December 11, 2018, effective 3/1/2019.

Statutes Affected:

Considered: N.D.C.C. §§12.1-34-02, 12.1-35-03, 14-15-16, 14-20-54, 25-03.1-43, 27-20-51.