Rule Impacts Report

Civil

RULE WILL AFFECT SUMMARY AND IMPACT

Rule 5(f)

R-08-0039

R-08-0039 Corrective Order

Contact: Melinda Hardman

Superior Courts
Justice Courts
Municipal Courts

Judges
Clerks
Court Administrators

This new section was adopted in conjunction with amendments to Supreme Court Rule 123.

Rule 5(f) concerns civil filings containing sensitive data.

Filers must refrain from including social security numbers and financial account numbers in documents (including exhibits) that are filed with the court.

This rule applies to both electronic as well as paper filings.

Impact:

The clerk is not required to review documents for compliance with this rule.

The court may impose sanctions for violations against counsel or parties to ensure compliance in the future.

Any party or their attorney may request, or the court on its own initiative may order, that a document subject to availability by remote electronic access be sealed or replaced with an identical document with the sensitive data removed.


Rule 50

R-08-0015

Contact: Mark Meltzer

Superior Courts

Judges

Rule 50 has been amended to conform to the correlative federal rule of civil procedure.

Impact:

A motion for judgment as a matter of law that is made during a trial does not need to be made again at the close of the evidence as a condition for post-trial review.

Rules 6(e) and 35(c)

R-09-0025

Superior Courts
Justice Courts

Judges
Clerks

The amendments correct erroneous cross-references in these rules. These are “housekeeping amendments".

Impact: None.


Rules of Civil Procedure Previously Adopted on an Emergency Basis

Rules 57.1 and 57.2

R-08-0027

Contact: Mark Meltzer

Superior Courts

Judges
Clerks

Rules 57.1 (petitions for a determination of factual innocence) and 57.2 (petitions for a determination of improper party status) concern identity theft. These rules were adopted on an emergency basis on September 26, 2008.

The rules have now been adopted on a permanent basis, with certain modifications, including the following.

Impact:

  • Under either rule, a person may request, and the court may order, that a filing containing potentially sensitive identifying information such as the person’s birth date, social security number, or financial account numbers, be filed or retained in redacted form or under seal.

  • Rule 26.1 disclosures have been added to discovery as being required only upon stipulation of the parties or by court order.

  • Both rules clarify that orders may be entered upon submission of proof by affidavit.