First Adopted: August 24, 1998
Most Recently Effective: July 01, 2023
Court Operating Rule (COR) 2 | Public Access to Records of the Judicial Department
COR 002.02 | General Policy
(a) Policy. Records of all courts are presumed to be open to any
member of the public for purposes of inspection or copying. This policy
does not apply to records that are confidential pursuant to statute,
court rule or order, or other law; judicial or judicial staff work
product; internal electronic mail; memoranda or drafts; or appellate
judicial case assignments.
(b) Obtaining
Records. Court records shall be made available during the regular
business hours of the court having custody of the records. Records,
information, and services shall be provided at a time and in a manner
that does not interfere with the regular business of the courts.
(c)
Redaction of Confidential Information. Unless otherwise ordered by the
court, any counsel, party, or other person offering a document for
filing in any court shall redact information that is confidential
pursuant to statute, court rule or order, or other law. Such
confidential information can include, but is not limited to:
(1)
Social security numbers, driver’s license numbers, state identification
numbers, taxpayer identification numbers, and passport numbers;
(2)
Financial institution account numbers, credit or debit card numbers,
personal identification numbers, or passwords used to secure any such
accounts or cards;
(3)
Names, addresses, and contact information of informants, victims,
witnesses, and persons protected under restraining or protection orders;
(4) Dates of birth;
(5) Names of individuals known to be minors; and
(6) Case numbers of confidential, expunged, or sealed records.
Filers
should also exercise caution when filing documents that include medical
records, employment history, financial records, proprietary
information, or trade secrets.
(d)
Responsibility for Redaction. The responsibility for redacting
confidential information rests solely with the counsel, parties, or any
other person filing the document. Courts will not review each case
document to ensure compliance and will not refuse to accept or file a
document on that basis.
(e) Manner of Redacting. On and after the Expanded Remote Access Implementation Date:
(1)
All redactions shall be done in a manner that makes it clear that
information has been redacted. If necessary to reference the redacted
information in a redacted document, filers shall use generic
descriptors.
(2)
When a filer redacts information from a document offered in any court,
the filer also must contemporaneously file a confidential redacted
information filing sheet that either:
(A) has the unredacted version of the document attached thereto; or
(B)
sets out the information redacted from the document with an explanation
as to where the information was redacted from in the document or the
generic descriptors used in the document to reference the redacted
information.
(3) All
filers, except for judges and judicial court staff, shall affirmatively
certify compliance with the redaction requirements in Rules 19.10,
55.025, and 84.015 when a document is filed. This certification shall be
accomplished through an automated process implemented in the electronic
filing system for its authorized users or, for filers who are not
authorized users of the electronic filing system, by a paper form
attached to the document or on the document itself.
(4)
When a motion is filed alleging a document filed with the court
contains insufficiently redacted confidential information, the clerk
shall raise the document’s security level to a confidential setting. The
court shall dispose of the motion within 30 days. If the court
determines the document is sufficiently redacted, the clerk shall reset
the document’s security level to allow for proper public access.
(f)
Access to any Missouri judicial website, including but not limited to
Case.net, by a site data scraper or any similar software intended to
discover and extract data from a website through automated, repetitive
querying for the purpose of collecting such data is expressly
prohibited.
Court Operating Rule 2 imposes no
obligation upon the judiciary to create a data element, make a data
element available electronically, or produce non-standard reports.
(Adopted
August 24, 1998, effective October 1, 1998. Amended February 22, 2000,
effective February 22, 2000; amended November 17, 2004, effective
January 1, 2005; amended April 13, 2011, effective January 1, 2012;
amended November 24, 2020, effective November 24, 2020; amended June 28,
2022, corrected January 31 and April 4, 2023, effective July 1, 2023.)