TX · rules

Tex. R. App. P. 9.10

Privacy Protection for Documents Filed in Criminal Cases

activein force · 2026-02-06 – presentact-effective-date

(a) Sensitive Data Defined. Sensitive data

consists of:

(1) a driver's license number, passport

number, social security number, tax

identification number or similar

government-issued personal

identification number;

(2) bank account number, credit card

number, and other financial account

number;

(3) a birth date, a home address, and the

name of any person who was a minor at

the time the offense was committed.

(b) Redacted Filings. Unless a court orders

otherwise, an electronic or paper filing with

the court, including the contents of any

appendices, must not contain sensitive data.

The redaction requirement does not apply to

the following:

(1) A court filing that is related to a criminal

matter or investigation and that is

prepared before the filing of a criminal

charge or is not filed as part of any

docketed criminal case;

(2) An arrest or search warrant;

(3) A charging document and an affidavit

filed in support of any charging

document;

(4) A defendant’s date of birth;

(5) A defendant’s address; and

(6) Any government issued number

intended to identify the defendant

associated with a criminal filing, except

for the defendant’s social security

number or driver’s license number.

(d) Redaction procedures. Sensitive data must be

redacted by using the letter “X” in place of

each omitted digit or character or by

removing the sensitive data in a manner

indicating that the data has been redacted.

The filer must retain an unredacted version of

the filed document during the pendency of

the appeal and any related proceedings filed

within three years of the date the judgment is

signed. If a district court clerk or appellate

court clerk discovers unredacted sensitive

data in the record, the clerk shall notify the

parties and seek a ruling from the court.

(e) Certification. The filing of a document

constitutes a certification by the filer that the

document complies with paragraphs (a) and

(b) of this rule.

(f) Reference List. If a filer believes any

information described in paragraph (a) of this

rule is essential to a document or that the

document would be confusing without the

information, the filer may submit the

information to the court in a reference list that

is in paper form and under seal. The reference

list must specify an appropriate identifier that

corresponds uniquely to each item listed. Any

reference in the document to a listed

identifier will be construed to refer to the

corresponding item of information. If the filer

provides a reference list pursuant to this rule,

the front page of the document containing the

redacted information must indicate that the

reference list has been, or will be, provided.

On its own initiative, the court may order a

sealed reference list in any case.

(g) Sealed materials. Materials that are required

by statute to be sealed, redacted, or kept

confidential, such as the items set out in

Articles 35.29 (Personal Information About

Jurors), 38.45 (Evidence Depicting or

Describing Abuse of or Sexual Conduct by

Child or Minor), and 42.12, § 9(j), must be

treated in accordance with the pertinent

statutes and shall not be publicly available on

the internet. A court may also order that a

document be filed under seal in paper form or

electronic form, without redaction. The court

may late r unseal the document or order the

filer to provide a redacted version of the

document for the public record. If a court

orders material sealed, whether it be sensitive

data or other materials, the court's sealing

order must be affixed to the outside of the

sealed container if the sealed material is filed

in paper form, or be the first document that

appears if filed in electronic form. Sealed

portions of the clerk's and reporter's records

should be clearly marked and separated from

unsealed portions and tendered as separate

records, whether in paper form or electronic

form. Sea led material shall not be available

either on the internet or in other form without

court order.

(h) Waiver of Protection of Identifiers. A person

waives the protection of this rule as to a

person’s own information by filing it without

redaction and not under seal.

History

Notes and Comments Comment to 1997 change: This is former Rule 4. Subdivision 9.4, prescribing the form of documents filed in the appellate courts, is changed and the form to be used is stated in significantly more detail. Former subdivisions (f) and (g), regarding service of documents, are merged into subdivision 9.5. Former Rule 6 is included as subdivision 9.6, but no substantive change is made. Other changes are made throughout the rule. Electronic filing is authorized by §§ 51.801-.807 of the Government Code. Comment to 2002 change: The change [to Rule 9.5(a)] clarifies that the filing party must serve a copy of the document filed on all other parties, not only in an appeal or review, but in original proceedings as well. The rule applies only to filing parties. Thus, when the clerk or court reporter is responsible for filing the record, as in cases on appeal, a copy need not be served on the parties. The rule for original civil proceedings, in which a party is responsible for filing the record, is stated in subdivision 52.7. Subdivision 9.7 is added to provide express authorization for the practice of adopting by reference all or part of another party's filing. Comment to 2008 change: Subdivision 9.3 is amended to reduce the number of copies of a motion for extension of time or response filed in the Supreme Court. Subdivision 9.8 is new. To protect the privacy of minors in suits affecting the parent-child relationship (SAPCR), including suits to terminate parental rights, Section 109.002(d) of the Family Code authorizes appellate courts, in their opinions, to identify parties only by fictitious names or by initials. Similarly, Section 56.01(j) of the Family Code prohibits identification of a minor or a minor's family in an appellate opinion related to juvenile court proceedings. But as appellate briefing becomes more widely available through electronic media sources, appellate courts' efforts to prote ct minors' privacy by disguising their identities in appellate opinions may be defeated if the same children are fully identified in briefs and other court papers available to the public. The rule provides protection from such disclosures. Any fictitious name should not be pejorative or suggest the person's true identity. The rule does not limit an appellate court's authority to disguise parties' identities in appropriate circumstances in other cases. Although appellate courts are authorized to enforce the rule's provisions requiring redaction, parties and amici curiae are responsible for ensuring that briefs and other papers submitted to the court fully comply with the rule. Comment to 2012 Change: Rule 9 is revised to consolidate all length limits and establish word limits for documents produced on a computer. All documents produced on a computer must comply with the word limits. Page limits are retained for documents that ar e typewritten or otherwise not produced on a computer. Comment to 2013 Change: Rule 9 is revised to incorporate rules for electronic filing, in accordance with the Supreme Court's order - Misc. Docket No. 12- 9206, amended by Misc. Docket Nos. 13-9092 and 13- 9164 - mandating electronic filing in civil cases in appellate courts, effective January 1, 2014. In addition, Rule 9.9 is added to provide privacy protection for all documents, both paper and electronic, filed in civil cases in appellate courts. Comment to 2023 Change: Rule 9.2(c)(7) is amended to implement section 80.002 of the Government Code. Nothing in Rule 9.2(c)(7) prohibits the clerk from sending orders, notices, and documents to parties by additional methods other than through an electronic filing system approved by the Supreme Court. Indeed, the clerk is strongly encouraged to use additional methods when a party is unrepresented. If a party has not provided an e-mail address and consequently compliance with Rule 9.2(c)(7) is impossible, th en the clerk should use an alternative method to send orders, notices, and documents to that party.

Provenance

Source: txcourts.gov
Retrieved: 2026-09-15
Edition: 2026-09-14
Content hash: 898fd03bf18e83cef80488dfde66f64c96671e88e4149ecfd1ace599f048fdb0

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