R.I. Pub. Access R. 4

Categories of non-public filings as set forth in state or

federal law include, but are not limited to, the following:

(a) Case Types.

(1) Juvenile case files per G.L. 1956 § 8-10-21, G.L. 1956 § 14-1-5, G.L. 1956 §

14-5-7(c), G.L. 1956 § 23-4.7-6, and G.L. 1956 § 38-2-2(4)(C);

(2) Child custody case files per G.L. 1956 § 15-14.1-21 and G.L. 1956 § 38-2-

2(4)(C);

(3) Adoption case files per G.L. 1956 § 8-10-21, G.L. 1956 § 14-1-5, and G.L.

1956 § 38-2-2(4)(C);

(4) Termination of parental rights case files per G.L. 1956 § 15-7-7(f);

(5) Mental health certification cases per G.L. 1956 § 40.1-5-26;

(6) Paternity case files per G.L. 1956 § 15-8-17;

(7) Sealed cases of acquitted or otherwise exonerated individuals per G.L. 1956

§§ 12-1-12(a) and 12-1-12.1(c);

(8) Expunged or otherwise sealed case information per G.L. 1956 § 3-8-12; G.L.

1956 § 12-1.3-4(c); G.L. 1956 § 12-10-12;

(9) Cases initiated under the Insurance Rehabilitation and Liquidation Act per

G.L. 1956 § 27-14.3-15;

(10) Civil violations for possession of one (1) ounce or less of marijuana per G.L.

1956 § 21-28-4.01(c)(ix);

(11) Complaints for an Order of Protection from Domestic Violence under Title

15, Chapter 15, Domestic Abuse Prevention, when a juvenile is a party in the case

per G.L. 1956 § 15-15-3(k)(2) and § 38-2-2(4)(C);

(12) Complaints for an Order of Protection from Sexual Abuse under Title 11,

Chapter 37.2, Sexual Assault Protective Orders, when a juvenile is a party in the

case per G.L. 1956 § 11-37.2-1(a) and § 38-2-2(4)(C);

(13) Complaints for a Civil Protective Order when a juvenile is a party in the case

per G.L. 1956 § 8-10-3(g) and § 38-2-2(4)(C);

(14) Civil marijuana cases per G.L. 1956 § 8-8.2-21 and § 21-28- 4.01(c)(2)(ix);

and

(15) Any other case or portions thereof which have been sealed through an order

of the court.

(b) Documents. These documents shall be checked off by the Registered User as

‘‘confidential’’ in the EFS in their entirety and need not be submitted in a public

form in accordance with Article X, Rule 8 of the Supreme Court Rules Governing

Electronic Filing.

(1) All medical records, including, but not limited to, mental health records per

G.L. 1956 §§ 5-37.3-4(c) and 5-37.3- 6.1(f), G.L. 1956 § 9-19-39(d), G.L. 1956 §

11-37-17(b), G.L. 1956 § 40.1-5-26, and G.L. 1956 § 40.1-5.3-15;

(2) Records of the Department of Children, Youth, and Families per G.L. 1956

§§ 42-72-8(b)(13) and 42-72-8(f);

(3) Statement of Assets, Liabilities, Income and Expenses submitted in Family

Court and Workers’ Compensation Court - G.L. 1956 § 38-2- 2(4)(A)(I)(b);

(4) Tax returns - G.L. 1956 § 38-2-2(4)(O);

(5) Pay stubs, except for wage and salary information about public employees -

G.L. 1956 §§ 38-2-2(4)(A)(I)(b);

(6) Pretrial services records per G.L. 1956 § 12-13-24; and

(7) Driver’s abstracts per G.L. 1956 § 27-49-3.1.

(c) Information. It is the filing party’s responsibility to ensure that personal or

otherwise non-public information is redacted and submitted to the court in accordance with Article X, Rule 8 of the Supreme Court Rules Governing Electronic Filing.

(1) Name and address of juvenile in criminal and civil cases per G.L. 1956 § 38-

2-2(4)(C);

(2) Identifying information pertaining to crime victims and/or confidential in-

formants per G.L. 1956 § 38-2-2(4)(D)(c) and G.L. 1956 § 12-28-1, et seq.;

(3) The address of any person requesting a protective order in accordance with

G.L. 1956 § 8-8.1-3(a)(3) and § 11-37.2-2(a)(2);

(4) Victim of child molestation sexual assault per G.L. 1956 § 11-37-8.5 and Rule

3.3 of the Superior Court Rules of Practice;

(5) Personal Identifying Information, see generally, G.L. 1956 §§ 8-15-9 and 8-

15-9.1 and G.L. 1956 §§ 38-2-2(4)(A)(I)(b) and 38-2-2(4)(X), including:

(a) Full social security and taxpayer identification numbers;

(b) Financial account numbers. Numbers that identify specific assets such as

loans, bank accounts, mortgages, investment accounts, credit card numbers, personal

identification numbers, etc.;

(c) Financial account statements. Statements that identify specific assets such as

loans, bank accounts, mortgages, investment accounts, credit card numbers, personal

identification numbers, etc.;

(d) Driver’s license numbers; and

(e) Other personal identification numbers, such as passport numbers, state identification numbers, etc.

(6) Juror names and other identifying information relating to jurors, including

home addresses.

(7) In cases of human trafficking, the identity, pictures, and images of the alleged

victim and the family of the alleged victim per G.L. 1956 § 11-67.1-13.

(d) Protection of Non-public Information in Cases Filed Prior to Electronic

Filing. Cases filed with any court before the implementation of electronic filing may

contain Non-public Documents or information which would be deemed non-public

under these Public Access Rules. Cases filed prior to the conversion to electronic

filing will be scanned and converted to electronic form upon the filing of a new

pleading or if the matter is scheduled for hearing before a court. If a case file is

closed or dormant, the file will not be converted to electronic format and will remain

in paper form unless and until some action is taken in the case.

(1) For active pending cases, any party or attorney may file a Motion to Protect

Non-Public Information in a Case Filed Prior to Electronic Filing in the specific case

with the respective court seeking to designate portions of the Public file as non-public in accordance with these Public Access Rules. The court shall hear the motion

after notice by the filing party to all parties in the case and any individual to whom

the subject records pertain if not a named party. Such motion shall be freely granted

and, in cases in which the motion is denied, there shall be a hearing. An order deny-

ing any motion to designate portions of a file as non-public shall include the reasons

serving as the basis for the denial.

(2) When a closed or pending case that has been dormant for one (1) year or more

is to be scanned and converted to electronic format in accordance with subsection

(a) above, the clerk shall send a notice to the attorneys of record at their current

address as verified by the Clerk of the Supreme Court and parties, to the extent a

current address may be available, before the file is scanned. The notice shall advise

the attorneys and parties that the subject case file is to be converted to electronic

format and that the attorneys and parties may wish to review the file’s contents and

may submit a Motion to Protect Non-Public Information in a Case Filed Prior to

Electronic Filing in accordance with subparagraph (1) of this rule. The clerks shall

allow fifteen (15) days from the mailing of the notice.

(3) The most current version of the Motion to Protect Non-Public Information in

a Case Filed Prior to Electronic Filing is located on the Rhode Island Judiciary’s

website at www.courts.ri.gov under Public Resources, Forms.