Rule 11 - Filing a Document Which is Entirely Confidential(a) The following provisions govern a filing party's obligations when filing a "confidential document" as defined in this rule. These provisions apply to both electronic filings and conventional filings by parties. (b) A confidential document shall not be included in a filing if it is neither required for filing nor material to the proceeding. If the confidential document is required or is material to the proceeding, the party must file the document in the manner prescribed by this rule. (c) "Confidential documents" means documents that are not to be accessible to the public pursuant to state law, administrative or court rule, court order or case law including, but not limited to, the following: (1) Certain documents relating specifically to small claims cases, such as, but not limited to: (A)Confidential Information Sheets;(B) Statements of Assets and Liabilities. (2) All documents filed with or issued by the court in guardianship cases under RSA 463 or RSA 464 except: (A) A Certificate of Appointment of Guardian;(B) An Order on Appointment of Guardian; (C) A Motion/License to sell Real Estate or Personal property in Guardianship or Conservatorship; (D) A Motion/License to Mortgage Real Estate; (E) A Return/Notice of Sale; (F) An Appointment of Resident Agent.(3) Certain documents relating to case types other than small claims cases or guardianship cases, such as, but not limited to: (A) records pertaining to juvenile delinquency, children in need of services proceedings, or abuse/neglect proceedings; (B) (C) (B) financial affidavits in family law proceedings;(C) guardian ad litem reports in family law proceedings; (D) Qualified Domestic Relations Orders in family law proceedings;(E) Plaintiff and Defendant Information Sheets in domestic violence and stalking proceedings; (F) Vital Statistics forms; (G) personal data sheets; (H) records pertaining to termination of parental rights proceedings; (I) records pertaining to adoption proceedings; (J) records pertaining to mental health proceedings; (K) information related to competency determinations; (4) All documents filed with or issued by the court in nonemergency involuntary admission cases under RSA 135-C.(d) Confidential documents set forth in this rule shall be filed electronically as follows: (1) for confidential documents relating specifically to small claims cases, including the Confidential Information Sheet and Statement of Assets and Liabilities, filers shall select the appropriate name of the document in the filing system; (2) for documents relating specifically to guardianship or nonemergency involuntary admission cases cases, filers shall select the appropriate name of the document in the filing system; (3) for confidential documents from other case types or for other confidential documents set forth above, the filer shall select "Other (Confidential)" in the filing system. (e) Confidential documents set forth in this rule that are being filed conventionally by a party excused from the mandate of electronic filing pursuant to Rule 1(b)(1), (2), (3) or (4) shall be clearly identified as "confidential," but need not be identified as relating specifically to particular case types. (f) When filing a document that the party believes to be confidential but that is not included on the list in section (c) of this rule, the filing party shall file a motion to seal with the document in accordance with Rule 13. (g) When filing a document that is included on the list in section (c) of this rule but that is being filed as an exhibit or an attachment in a proceeding other than the proceeding that makes the document confidential under section (c) of this rule, the filing party shall file a motion to seal the document in accordance with Rule 13.N.H. Pil. R. Cir. Ct. Elect. Fil'g 11
Adopted by Order dated July 13, 2018, eff. as of the date set forth in a subsequent order of this court implementing electronic filing in the superior court. ; amended February 26, 2021, effective 2/26/2021; amended May 16, 2023, effective 7/1/2023.Comment
These provisions are intended to ensure that confidential documents and confidential information contained within documents are accessible, upon filing, only to the court and its staff, to the parties and their attorneys or the parties' authorized representatives, and to others authorized to perform service of process. Any person or entity not otherwise entitled to access may file a motion or petition to gain access to any sealed or confidential court record. See, e.g., Associated Press v. State of N.H., 153 N.H. 120 (2005); Petition of Keene Sentinel, 136 N.H. 121 (1992); see also District Division Rule 1.26; Family Division Rule 1.30; Probate Division Rule 169 -A; Superior Court Rule 13B(e); New Hampshire Rule of Criminal Procedure 50(e)