Missouri Supreme Court clarifies rules for redaction, public access to case documents
JEFFERSON CITY, Mo. – The Supreme Court of Missouri today acted to improve remote public access to case documents and provide greater clarity and uniformity in its application.
Specifically, the Court entered an order refining various court rules to:
- Streamline and restructure Court Operating Rule 2, governing public access to court records, and provide uniform vocabulary for terms relevant to redaction.
- Specify the appropriate standard required for sealing court records in a new Rule 55.0275.
- Clarify what is “confidential” in a revised Court Operating Rule 4.24, precisely defining both “confidential record” and “confidential information.”
- Simplify redaction instructions and enhance the process for correcting redaction. Under revised Court Operating Rule 2.03 and Rules 19.10, 55.025, and 84.015:
- Redactions will be limited to the defined list of “confidential information” and information that is sealed, expunged, or closed by statute or Court rule. No other information may be redacted without leave of court for good cause shown.
- A confidential redaction information filing sheet (or CRIF) no longer will be required if a redacted and unredacted version of the filing are filed at the same time.
- Transcripts of open court proceedings will not be subject to redaction requirements, although any party may seek to redact from such transcripts otherwise confidential information as identified in COR 4.24(b).
If a court finds a filer acted in bad faith – either by failing to redact confidential information or by redacting information that is not otherwise confidential without leave of court – the court may impose appropriate sanctions.
These refinements do not take effect until July 1, 2026, but they should provide helpful guidance for lawyers and the public now. Over the coming months, the Court plans to provide additional information to help ensure consistent and successful implementation of the rule revisions.
“We are proud of our ongoing efforts to ensure meaningful access to public case information,” Chief Justice W. Brent Powell said. “Making public case documents available remotely was a huge step forward. Since then, we have continued to evaluate how best to balance two equally important goals: making public court documents more accessible online and protecting confidential information in those documents. Today’s order will help lawyers and the public better understand how to achieve that delicate balance.”
Since the 1990s, people have been able to use Case.net – a web-based search portal – to find real-time public information about Missouri court cases. But this did not include the filings themselves. After electronic filing began in 2011, people could use computer terminals at courthouses to view public case filings. Since July 2023, people have been able to use Case.net to view, download, and print available public court records from their personal computers, tablets, or cell phones.
But differences arose about what was, in fact, confidential, and best practices for redaction have been applied inconsistently. Through extensive review and examination of the rules and their practical implementation, as well as feedback from a variety of sources, the Court has sought to improve remote public access and redaction and to provide greater clarity and uniformity for those engaged with the court system.
“Throughout the extensive analysis we have undertaken, our ultimate goal has been to clarify the nature of confidential information and to simplify the redaction process,” Powell said. “We believe today’s order will result in better access to public court records while protecting any truly confidential information they may contain.”