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Rule 1302 Protection of Personal Identifiers

Baldwin's Kentucky Revised Statutes Annotated6th Judicial District - Daviess District Court

Baldwin's Kentucky Revised Statutes Annotated
6th Judicial District - Daviess District Court
Rule 13 General Miscellaneous
KY RDDC Rule 1302
Rule 1302 Protection of Personal Identifiers
A. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by RDDC 405, KRS 610.340, KRS 202A.091, KRS 387.770, and other applicable statutes.
B. In all other civil matters, excluding domestic violence proceedings, where material filed with the court contains personal identifiers, the parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The Daviess Circuit Court Clerk shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by an attorney of record in the case, a judge of the Court or other authorized court personnel. Otherwise, access to the sealed documents shall be by specific court order only.
C. In criminal matters, personal identifiers are contained on the cover of the file. Therefore, the Criminal Clerk shall maintain custody over the file. The Criminal Clerk shall bring the file to the courtroom for any court appearance to allow access by the Judge. Attorneys may view a file in the presence of the Criminal Clerk. When a file is sent to a Judge's office, the Criminal Clerk shall document the location of the file and when the file is returned. A Defendant may obtain a copy of his own file from the Criminal Clerk upon providing proof of identity and paying a fee for the copy. A third party may obtain information from the Criminal Clerk regarding the nature of the charges against a Defendant and the disposition of the case, but absent a court order, a third party shall not be allowed to view or obtain copies of the file and its contents. Where the Court issues such an order, unless the order indicates otherwise, the Criminal Clerk shall redact the Defendant's date of birth, social security number and address from any copies provided to the third party.

Credits

HISTORY: Amended effective May 9, 2012.
Daviess District Court Rule 1302, KY R DAVIESS DIST CT Rule 1302
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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