Wednesday, October 28, 2015

Rule 5.1 Round 2

In April 2015, the MSSC promulgated MRCP 5.1, which put redaction requirements on parties electronically filing pleadings with certain data: “an individual’s social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number.”  To put it mildly, this was a disaster in practice and  the Court suspended the order five weeks later.

Currently, offered for comment is a new Rule 5.1. This time, the duty is on the clerks’ offices:
Rule 5.1. Privacy Protection for Filings Made with the Court
Beginning January 1, 2016, all courts and offices of a circuit or chancery clerk that maintain electronic storage or electronic filing of documents, as defined under section 9-1-51 of the Mississippi Code, and make those documents accessible online must conform with the privacy provisions of the Administrative Procedures for Mississippi Electronic Courts—specifically, Sections 5 and 9 therein.
Comments are due November 4.  To me, this potentially creates the same problem if an attorney in the future needs something on a case. 

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