Rule 3 - Access to Electronic Case Records(a) Public Access. The public shall have access to electronic case records in individual cases from VTADS2, VCAS, or the electronic case files created by ECabinet, subject to the limitations specified in this rule, and generally subject to the Rules for Public Access to Court Records. The Court Administrator will provide such access in all cases from terminals at court locations and will provide such access to civil cases from VTADS2 or VCAS through Vermont Cases Online from any remote location over the Internet. (b) Nonpublic Documents. The filer of a document that is not publicly accessible under Rule 6 of the Rules for Public Access to Court Records must identify the document as nonpublic at the time of filing. After acceptance of the filing, court staff will place that document, or any other document that they determine to be nonpublic, in the nonpublic section of the electronic file of the case. (c) Public Documents. (1)Initial Responsibility of the Filer. It is the responsibility of the filer of a document that is otherwise publicly accessible under Rule 6 of the Rules for Public Access to Court Records to omit or redact, or partially omit or redact, if the information is material or required by law, the following personal identifiers from all electronically or nonelectronically filed documents and exhibits, unless otherwise provided in the applicable rules of procedure or ordered by the court: (A) Social Security and Tax Payer Identification numbers; and (B) Personal identification numbers, such as motor vehicle operators' license numbers, passport numbers, military serial numbers, and medical or financial account or credit or debit card numbers or personal identification numbers (PIN), codes, or passwords, except the type of account or card and institution and last four digits if material. (2)Reference List of Omitted Identifiers. A filer who is required to include personal identifiers listed in (1) in a document or exhibit, or believes that such an identifier is material, must omit or redact those identifiers from the document or exhibit as filed and may identify as "nonpublic" under (b) and file either a copy of the document or exhibit that contains the omitted or redacted identifiers or a reference list containing the complete identifiers. If correction or supplementation of the nonpublic filing is necessary, the filer must refile the original nonpublic filing with the corrected or supplemented filing attached. References in the case to an omitted or redacted identifier will be construed to be references to the corresponding complete identifier. (3)Responsibility of Court Staff When Document is Filed. When court staff review a document as provided in Rules 4(e) or 5(e) of the Vermont Rules for Electronic Filing, court staff will identify any personal identifiers listed in (1) not omitted or redacted by the filer and will notify the filer that the filing cannot be accepted until specified identifiers have been omitted or redacted. The filer may submit a document corrected or supplemented in accordance with (2) within seven days after receiving the notification unless the court extends the time for good cause. When a document as originally filed, or as corrected or supplemented, is accepted, court staff will place that document in the nonpublic electronic file of the case. Court staff will not review exhibits to determine whether personal identifiers have been redacted. (d) Court Generated Documents.(1) Court staff must identify any court-generated document that is not publicly accessible under Rule 6 of the Rules for Public Access to Court Records and must place that document in the nonpublic section of the electronic file of the case. (2) Court staff must omit or redact from any court-generated document that is otherwise publicly accessible under Rule 6 of the Rules for Public Access to Court Records all personal identifiers required to be omitted or redacted by Rule 3(c)(1) before placing that document in the publicly accessible file of the case. (e) Motion by a Party. A party or nonparty whose personal identifiers have been improperly included in a filed document or exhibit, or who asserts that a nonpublic document involving that person's interests has been placed in a publicly accessible file, may move under applicable procedural rules to redact the improperly included personal identifiers or to remove the document from the file, and for a temporary order sealing the filing pending disposition of the motion. After hearing, the court may seal the filing and order that a redacted version be placed in the publicly accessible file or that the document be placed in the nonpublic section of the electronic file of the case. (f) Access to Documents. (1) The public may have access in accordance with (a) only to electronically filed documents in the publicly accessible case files of individual cases. (2) Registered filers may have remote access to any reference list that they have filed in accordance with (c) or to the complete text of any documents that they have filed electronically. Registered filers may have access through a terminal in a court location to the nonpublic section of the electronic file of any case in which they have appeared in accordance with the applicable rules of procedure and have submitted a user name and password, unless otherwise ordered by the court. (3) Any justice, judge, or other authorized court staff member, official, or officer, or any official of any other public entity as authorized by interagency agreement with the Supreme Court, may have remote access to the nonpublic electronic file of any case. Vt. Dissem. E. Ct. Rec. R. 3
Adopted Mar. 6, 2002, eff. 6/1/2002; amended Aug. 17, 2010, eff. 10/1/2010; 10/20/2010, eff. 10/20/2010; 2/23/2011, eff. 3/23/2011; 8/30/2011, eff. 10/31/2011.