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Rules of the Supreme Court

PART IV — ELECTRONIC FILING, SERVICE, FEES, PRIVACY, AND DOCUMENT FORM

  • 25Mandatory electronic filing and authorized channels
  • 26Opening a matter; docket, case number, and caption
  • 27Tender, filing, acceptance, and the official timestamp
  • 28Electronic signature and filing certifications
  • 29Clerk review; rejection; corrected, amended, and withdrawn filings
  • 30Electronic service of filed documents
  • 31Original process, alternative service, and proof of service
  • 32Fees, payment, waiver, and reimbursement
  • 33Privacy, redaction, pseudonyms, and protected information
  • 34Sealed and classified material; secure alternate custody
  • 35Court records, public access, retention, and deletion
  • 36Technical form of documents
  • 37Covers, captions, required components, and certificates
  • 38Length limits and word counting
  • 39Appendices, exhibits, hyperlinks, and digital media
  • 40Accessibility, translations, and self-represented filers

PART IV — ELECTRONIC FILING, SERVICE, FEES, PRIVACY, AND DOCUMENT FORM

Rule 35. Court records, public access, retention, and deletion

Cite asRid. R. Sup. Ct. 35Official text at page 14

In this rule

  • (a)Official record categories
  • (b)Operational access
  • (c)Public register and archive
  • (d)Restricted items
  • (e)Record requests
  • (f)No removal or alteration
  • (g)Administrative deletion
  • (h)Certified copies and seal
(a)§

Official record categories

The Court’s records include:

1.§

case and party data;

2.§

the docket and every filing status;

3.§

each filed document and Bates number;

4.§

lower-court records and certified indices;

5.§

proofs and returns of service;

6.§

orders, judgments, mandates, opinions, and separate writings;

7.§

authorized recordings, transcripts, exhibits, and demonstratives;

8.§

fee assessments and decisions;

9.§

access, custody, and mutation audit logs;

10.§

rejection reasons and corrected-version history; and

11.§

another record required by law or Court order.

(b)§

Operational access

Supreme Court matters are maintained in a restricted ECMS tier. Parties, lead counsel, eligible Justices, and Supreme staff receive access according to role. A Superior-court-only Clerk has no Supreme staff access.

(c)§

Public register and archive

For every nonconfidential matter, the Clerk must separately publish:

1.§

the caption and case number;

2.§

the originating tribunal and nature of review;

3.§

filing, grant, argument, submission, and disposition dates;

4.§

the public calendar;

5.§

nonconfidential orders and opinions;

6.§

the mandate or disposition; and

7.§

any other material required for the State Reporter or State archives.

The Clerk must publish Supreme decisions and proceedings granted review even though the ECMS itself is nonpublic.

(d)§

Restricted items

Pending and Rejected filings, rejection reasons, internal deliberations, draft opinions, privileged communications, security records, and material protected by law are not public unless the Court lawfully orders otherwise. The public register should indicate a restricted event only when doing so does not reveal protected information.

(e)§

Record requests

The Judicial Branch must designate a freedom-of-information officer and public request method. The officer must make initial contact within three days after receipt of a request and provide a final response then or within any additional period permitted by law, including a lawful extension of no more than four additional days where applicable. A denial or redaction must identify its legal basis.

(f)§

No removal or alteration

No filed record may be removed, overwritten, backdated, or materially altered. An error is corrected by an audit-preserving notation, corrected filing, errata, or amended order.

(g)§

Administrative deletion

An administrator may delete a case only if:

1.§

it is a documented test, exact technical duplicate, or case created solely by verified system malfunction;

2.§

no genuine party relied on it and no judicial decision was entered;

3.§

the Chief Justice and Clerk approve a written deletion order;

4.§

a complete export and audit log are preserved; and

5.§

the deletion is recorded in a permanent administrative register.

No genuine case, Accepted filing, Rejected filing, decision, or mandate may be deleted for convenience, inactivity, embarrassment, office turnover, or settlement.

(h)§

Certified copies and seal

The Clerk may certify a copy or docket extract and affix the Court’s seal. A digital certification must identify the document, case, version, and certification date.

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