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PA Bulletin, Doc. No. 17-2078

THE COURTS

WAYNE COUNTY

Local Rules of Judicial Administration; 61-Civil-2017

[47 Pa.B. 7561]
[Saturday, December 16, 2017]

Order

And Now, to wit, this 29th day of November, 2017, the Court hereby adopts the following new Local Rules of Judicial Administration:

Rule 1000. Public Access—Confidential Information.

 A. Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, the following information is confidential and shall be not included in any document filed with a court or custodian, except on a Confidential Information Form filed contemporaneously with the document:

 1. Social Security Numbers;

 2. Financial Account Numbers, except an active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified;

 3. Driver's License Numbers; 

 4. State Identification (SID) Numbers;

 5. Minors' names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355); and

 6. Abuse victim's address and other contact information, including employer's name, address and work schedule, in family court actions as defined by Pa.R.C.P. 1931(a), except for victim's name.

 B. In order to comply with this Rule, all confidential information, as defined by Section A, shall be documented on a Confidential Information Form. The form shall be available in each filing office as well as on the court website at: www.waynecountypa.gov/court-of-common-pleas.

 C. This section is not applicable to cases that are sealed or exempted from public access pursuant to applicable authority, such as juvenile cases or adoptions.

 D. Attorneys and self-represented parties shall be solely responsible for complying with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and the applicable state and local rules and shall certify their compliance to the Court. This certification shall accompany each filing and shall be substantially in the following form: ''I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''

 E. The court or appropriate filing office is not required to review or redact any filed document for compliance with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts. A party's or attorney's failure to comply with this rule shall not affect access to case records that are otherwise accessible.

 F. If a filed document fails to comply with the requirements of this section, a court may, upon motion or its own initiative, with or without a hearing, order the filed document sealed, redacted, amended, or any combination thereof. A court may also impose appropriate sanctions for failing to comply with this section.

Rule 1001. Public Access—Confidential Documents.

 A. Pursuant to Section 8 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, the following documents are confidential and shall be filed with the appropriate filing office under a cover sheet designated ''Confidential Document Form'':

 1. Financial Source Documents;

 2. Minors' educational records;

 3. Medical/Psychological records;

 4. Children and Youth Services' records;

 5. Marital Property Inventory and Pre-Trial Statement as provided in Pa.R.C.P. 1920.33;

 6. Income and Expense Statements as provided in Pa.R.C.P. 1910.27(c); and

 7. Agreements between parties as used in 23 Pa.C.S. § 3105.

 B. The Confidential Document Form shall be available in each filing office as well as on the court website at: www.waynecountypa.gov/court-of-common-pleas. Confidential documents submitted with the Confidential Document Form shall not be accessible to the public. The Confidential Document Form shall be accessible to the public.

 C. This section is not applicable to cases that are sealed or exempted from public access pursuant to applicable authority, such as juvenile cases or adoptions.

 D. Parties and their attorneys shall be solely responsible for complying with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts and the applicable state and local rules and shall certify their compliance to the Court. This certification shall accompany each filing and shall be substantially in the following form: ''I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.''

 E. The court or appropriate filing office is not required to review or redact any filed document for compliance with the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts. A party's or attorney's failure to comply with this section shall not affect access to case records that are otherwise accessible.

 F. If confidential documents are not submitted with the Confidential Document Form, a court may, upon motion or its own initiative, with or without a hearing, order that any such documents be sealed. A court may also impose appropriate sanctions for failing to comply with this section.

 Said Local Rules of Judicial Administration shall be effective January 6, 2018. The District Court Administrator shall publish this order as may be required.

By the Court

RAYMOND L. HAMILL, 
President Judge

[Pa.B. Doc. No. 17-2078. Filed for public inspection December 15, 2017, 9:00 a.m.]



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