NONPUBLIC COURT FILINGS

(A) Burden on the Filer. When filing electronically or conventionally a filer must omit or redact nonpublic information in documents filed with the court. With the exception of in camera reviews, the court will not review any document to ensure compliance with this rule and is not responsible or liable for the inclusion of nonpublic information in any filed document. (B) Documents Containing Nonpublic Information. (1) Omission or Redaction. When documents containing nonpublic information, as designated in Rules 4(E), 6(E), and 7(D), are 57 necessary for the adjudication of a case, the filer must omit or redact nonpublic information and submit that information in a separate document. When a separate document is submitted containing nonpublic information, the filer must include in the “Filing Description” field the designation “NONPUBLIC” followed by the name of the court filing (e.g. “NONPUBLIC, Motion to Continue”). (2) Access. A document designated as “NONPUBLIC” in accordance with subdivision (B)(1) of this rule will be accessible only as provided in these Rules. (3) Review. Upon motion, the court may consider any matter relating to submissions designated as “NONPUBLIC” in the EFS. (C) Filing Documents to Which There is Limited Access. Documents to which there is limited access must be filed and handled in compliance with Rule 12. The filer must include in the “Filing Description” field the designation “NONPUBLIC.” (D) Motion Limit Access. Motions to limit access to documents must be made in compliance with Rule 6 or Rule 10. (E) Criminal Complaints that Incorrectly include Juvenile Charges. If a prosecutor files an adult criminal complaint that contains a charge that should instead be filed in juvenile court, the prosecutor must dismiss the case and file a new adult criminal complaint, without the juvenile charge. Upon dismissal of the original adult criminal complaint, the court shall set the case security of the dismissed case to nonpublic to ensure the juvenile charge is not accessible to the public. Advisory Note – January 2026 Rule 38(E) is added to provide the filing requirements when a prosecutor files an adult criminal complaint that accidentally includes a charge that should have been filed in juvenile court. 58