Sup. Ct. R. D.C. 49.1
Sup. Ct. R. D.C. 49.1
COMMENT TO 2023 AMENDMENTS
Section (a) has been amended to delete the term "minor" as intended by the 2009 amendment to this rule.
District of Columbia Court of Appeals | ||
REDACTION CERTIFICATE DISCLOSURE FORM | ||
Pursuant to Administrative Order No. M-274-21 (filed April 3, 2023), this certificate must be filed in conjunction with all briefs submitted in all criminal cases designated with a "CF" (criminal felony), "CM" (criminal misdemeanor), "CT" (criminal traffic), and "CO" (criminal other) docketing number. Please note that although briefs with above designations must comply with the requirements of this redaction certificate, criminal sub-case types involving child sex abuse, cruelty to children, domestic violence, sexual abuse, and misdemeanor sexual abuse will not be available for viewing online. If you are incarcerated, are not represented by an attorney (also called being "pro se"), and not able to redact your brief, please initial the box below at "G" to certify you are unable to file a redacted brief. Once Box "G" is checked, you do not need a file a separate motion to request leave to file an unredacted brief. I certify that I have reviewed the guidelines outlined in Administrative Order No. M-274-21, filed April 3, 2023, and Super. Ct. Crim. R. 49.1, and removed the following information from my brief: A. All information listed in Super. Ct. Crim. R. 49.1(a) has been removed, including: (1) An individual's social-security number (2) Taxpayer-identification number (3) Driver's license or non-driver's' license identification card number (4) Birth date (5) The name of an individual known to be a minor as defined under D.C. Code § 16-2301(3) (6) Financial account numbers (7) The party or nonparty making the filing shall include the following: (a) the acronym "SS#" where the individual's social-security number would have been included; (b) the acronym "TID#" where the individual's taxpayer identification number would have been included; (c) the acronym "DL#" or "NDL#" where the individual's driver's license or non-driver's license identification card number would have been included; (d) the year of the individual's birth; (e) the minor's initials; (f) the last four digits of the financial-account number; and (g) the city and state of the home address. B. Any information revealing the identity of an individual receiving or under evaluation for substance-use-disorder services. C. All pre-sentence reports (PSRs); these reports were filed as separate documents and not attached to the brief as an appendix. D. Information about protection orders, restraining orders, and injunctions that "would be likely to publicly reveal the identity or location of the protected party,"18 U.S.C. § 2265(d)(3) (prohibiting public disclosure on the internet of such information); see also 18 U.S.C. § 2266(5) (defining "protection order" to include, among other things, civil and criminal orders for the purpose of preventing violent or threatening acts, harassment, sexual violence, contact, communication, or proximity) (both provisions attached). E. Any names of victims of sexual offenses except the brief may use initials when referring to victims of sexual offenses. F. Any other information required by law to be kept confidential or protected from public disclosure | ||
| ___ Initial here | G. I certify that I am incarcerated, that I am not represented by an attorney (also called being "pro se"), and I am not able to redact this brief. This form will be attached to the original filing as record of this notice and the filing will be unavailable for viewing through online public access. | |
| _____________________________________________ | _____________________________________________ | |
| Signature | Case Number(s) | |
| _____________________________________________ | _____________________________________________ | |
| Name | Date | |
| _____________________________________________ | ||
| E-mail Address | ||
COMMENT TO THE 2009 AMENDMENT
This Rule is identical to the Federal Rule with the following exceptions.
Paragraph (a) of this Rule requires redaction of several categories of information not covered by the Federal Rule: driver's license and non-driver's license identification card numbers, and credit and debit card numbers. See D.C. Code § 28 - 3851(3)(A) (defining "Personal information" for purposes of the Consumer Personal Information Security Breach Notification Act of 2006, D.C. Code § 28-3851 et seq.) Paragraph (a) also substitutes the term "child" for the term "minor" and refers to a locally applicable definition of that term.
Subparagraph (a)(3) differs from the Federal Rule, which requires redaction of the month and date of birth, but not the year of birth. This Rule requires redaction of the entire date of birth and use of the acronym "DOB" in its place.
Subparagraph (b)(6) refers to post-conviction proceedings under local, rather than federal, law.
Paragraph (c) of the Federal Rule ("Immigration Cases") is omitted from this Rule as locally inapplicable.