Rule 2.130 - CONFIDENTIAL PERSONAL INFORMATION IN FAMILY LAW AND CERTAIN PROTECTIVE ORDER PROCEEDINGS(1) Definitions. As used in this rule:(a) "Confidential Personal Information" means a party's or a party's child's Social Security number; date of birth; driver license number; any other names used, now or in the past; and employer's name, address, and telephone number.(c) "Inspect" means the ability to review and copy a CIF to the same extent as any other document contained in a court file.(2) Mandatory Use of the CIF(a) When confidential personal information is required by statute or rule to be included in any document filed in a proceeding initiated under ORS chapters 25, 106, 107, 108, 109, or 110, or initiated under ORS 24.190, ORS 30.866, ORS 124.010, or ORS 163.763, the party providing the information:(i) Must file the information in a CIF;(ii) Must not include the information in any document filed with the court; and(iii) Must redact the information from any exhibit or attachment to a document filed with the court, but must not redact the information from a court-certified document required to be filed by statute or rule.(b) This rule does not apply to:(i) The information required in a money award under ORS 18.042;(ii) The former legal name of a party pursuant to a name change request under ORS 107.105(1)(h); or(iii) A document filed in an adoption proceeding initiated under ORS 109.309.(c) Documents filed in a contempt action filed in a proceeding under ORS chapters 25, 106, 107, 108, 109, or 110, or a proceeding initiated under ORS 24.190, ORS 30.866, ORS 124.010, or ORS 163.763, are also subject to this rule.(d) A party must file a separate CIF for each person about whom the party is required to provide confidential personal information.(e) The confidential personal information of a minor child must be included in the CIF of the party providing the information.(3) Amending the CIF. A party must file an amended CIF when filing a document requiring confidential personal information about any party that has changed or is not contained in a previous CIF.(5) Segregation. The court must segregate the CIF from documents that are subject to public inspection. Public inspection of a CIF is prohibited except as authorized by this rule or other provision of law.(6) Access and Confidentiality (a) A party may inspect a CIF that was filed by that party.(b) A party to a proceeding may inspect a CIF filed by another party: (i) Upon filing an affidavit of consent, signed and dated by the party whose information is to be inspected, that states the dates during which the consent is effective; or(ii) Upon entry of an order allowing inspection under UTCR 2.130(10)(a); or(iii) If the CIF sought to be inspected contains only the inspecting party's confidential personal information. (c) A person other than a party to the proceeding may inspect a CIF upon filing an affidavit of consent, signed and dated by the party whose information is to be inspected, that states the dates during which the consent is effective.(d) Notwithstanding UTCR 2.120, a declaration under penalty of perjury may not be used in lieu of an affidavit required by this subsection.(e) This rule does not limit a person's legal right to inspect a CIF as otherwise allowed by statute or rule.(f) Oregon Judicial Department personnel may have access to a CIF when required for court business. (g) Courts will share a CIF with the entity primarily responsible for providing support enforcement services under ORS 25.080 or 42 USC 666. A person receiving information under this section must maintain its confidentiality as required by ORS 25.260(2) and 192.355(10).(h) Courts will share a CIF with other government agencies as required or allowed by law for agency business. Those agencies must maintain the confidentiality of the information as required by ORS 192.355(10).(i) Any person inspecting a CIF must not further disclose the confidential personal information except: (i) Within the course and scope of the client-attorney relationship, unless limited or prohibited by court order;(ii) As authorized by law; or(iii) As ordered by the court.(j) An order entered under UTCR 2.130(10)(d) may further limit disclosure of confidential personal information.(k) Violation of subsection (i) or (j) in this section may subject a person to contempt of court under ORS 33.015 to 33.155. (7) Notation on Documents. When a statute or rule requires a party to provide confidential personal information in a document filed with the court, the party must not provide the information in the document and must note on the document that the information has been separately filed under UTCR 2.130.(8) Mail or Delivery to Other Parties. A party filing an original or amended CIF must mail or deliver notice to all parties to the proceeding that a CIF or amended CIF has been filed and must file a certificate of mailing or delivery. The notice must be substantially in the form provided at www.courts.oregon.gov/forms.(9) Court Under No Obligation to Review File for Protected Information. Subject to UTCR 2.110, the court is not required to redact confidential personal information from any document, regardless of when filed.(10) Motion or Request to Inspect a CIF(a) A party may file a motion and supporting affidavit for an order allowing inspection of a CIF containing the confidential personal information of another party. The court may grant the motion only after service on all parties and an opportunity for objection and hearing.(b) Any person not a party to the proceeding may file a request and supporting affidavit requesting inspection of a CIF. The person must serve the request and supporting affidavit on all parties to the proceeding in the manner prescribed for service of summons in a civil action or by certified mail, return receipt requested. The court must allow the requesting person to inspect the CIF if the court finds, after notice and an opportunity for a hearing, that the requesting person is legally entitled to inspect the CIF, subject to subsection (c) below.(c) The court must deny a motion or request to inspect a CIF if the court finds any of the following: (i) A Finding of Risk and Order for Nondisclosure of Information has been entered by the Administrator of the Oregon Child Support Program under OAR 137055-1160 for the party whose CIF is sought to be inspected.(ii) A restraining order or other protective order is in effect that protects the party or the party's children from the person requesting inspection of the CIF.(iii) The health, safety, or liberty of the party or the party's children whose CIF is sought to be inspected would be jeopardized or unreasonably put at risk by disclosure of the CIF to another person.(d) If the court grants a motion or request for an order allowing inspection of a CIF,(i) The court may limit the extent of disclosure and may enter such protective orders as are necessary to balance the personal, privacy, and safety interests of the parties or children with the legal interest of the person seeking access; and(ii) The requesting party must mail or deliver a copy of the order to all other parties and must file a certificate of mailing or delivery.(11) Other Court Orders (a) This rule is not the exclusive means for a court to protect personal information from public inspection.(b) Nothing in this rule: (i) Precludes a court from protecting information by appropriate court order.(ii) Limits procedures for identifying and protecting contact information of crime victims that is submitted to courts for processing restitution payments when restitution is sought and the information about a crime victim is kept confidential under ORS 18.048(2)(b).(iii) Limits the availability of procedures for protecting information, other than confidential personal information protected by this rule, under ORS 25.020(8)(d), 109.767(5), 110.575, 192.368, or any other rule or law.Or. Uni. Trial. Ct. R. 2.130
Amended June 11, 2024, effective 8/1/2024.