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D.S.D. Crim. LR 49.1.1

Privacy Protection for Filings Made with the Court

activein force · 2025-02-28 – presentact-effective-date

A. Pursuant to the E-Government Act of 2002, parties must refrain from

including, or must partially redact where inclusion is necessary, the following

personal data identifiers from all pleadings and documents filed, including

exhibits thereto, unless otherwise ordered by the court:

1. Social Security numbers. Only the last four digits of that number should

be used.

2. Name of an individual known to be a minor. Only the initials of the

minor should be used.

3. Dates of birth. Only the year should be used.

4. Financial account numbers. Only the last four digits of these numbers

should be used.

5. Home addresses. Only the city and state should be used.

B. After filing a document redacted consistent with Fed. R. Crim. P.49.1, a party

may submit for filing under seal an unredacted copy of the document. Any

such filings must contain a cover sheet stating the following: ADocument filed

under seal pursuant to the E-Government Act.@

C. The responsibility for redacting personal identifiers rests solely with counsel

and the parties. The clerk of court will not review each filing for compliance

with this rule.

D. Personal Data Identifiers in Charging Documents

1. The clerk of court will file indictments under seal to prevent public

disclosure of the identity of the foreperson of the grand jury. The attorney

for the government must provide the clerk=s office with a redacted version

of the indictment in which the name of the foreperson is omitted. If the

indictment includes personal data identifiers, the attorney for the

government must also provide the clerk=s office with a redacted version of

the indictment that omits both personal data identifiers and the name of

the foreperson. The clerk=s office will file a redacted version of the

indictment in addition to the sealed original.

2. Personal data identifiers may be included in informations and complaints

if necessary, to comply with the requirements of federal law. If personal

data identifiers are included, the attorney for the government must provide

the clerk=s office with a redacted version of the information or complaint

along with the original. The original will be filed under seal to prevent

public disclosure of the personal data identifiers.

3. In all other instances charging documents will be filed under seal only

upon motion of the government and order of the court.

Provenance

Source
www.sdd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
a8a81736d8e4874451840a2ae8ad50f80f84d7a6ee5c72b5b8ea9b13f9c22faa
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