(dc) District Court Rule. Rule 5.1 applies in the district courts.
Ala. R. Civ. P. 5.1
Committee Comments to
August 1, 2012, Adoption of Rule 5.1
This rule is modeled on Rule 5.2 of the Federal Rules of Civil Procedure. A significant change is the omission of the provisions in the federal rule for including only the year of an individual’s birth date and only the initials of a minor. Many state-court filings require this information, and the information may affect jurisdictional matters, such as when child-support obligations expire. The risk of unauthorized and unwanted access to minors’ names and people’s birthdates via electronic searching of court records does not warrant a routine redaction requirement. In cases where such redaction is needed and appropriate, a party may proceed under Rule 5.1(e).
Rule 5.1(c), like Federal Rule 5.2(d), does not limit or expand the judicially developed rules that govern sealing. As with Federal Rule 5.2(e), nothing in Rule 5.1(e) is intended to affect the limitations on sealing that are otherwise applicable to the court. Rule 5.1(d) is added to make clear that redaction pursuant to Rule 5.1(a) or sealing pursuant to Rule 5.1(c) – i.e., solely for limiting inappropriate Internet access to sensitive information filed electronically or scanned into the court’s electronic file – does not affect an opposing party’s right to the information. If there is reason to limit other parties’ access to the information, the filing party or person may seek such relief pursuant to Rule 5.1(d).
Rule 5.1(f) is similar to a comment to Federal Rule 5.2. It is included here as part of the rule to emphasize that this procedure does not impose any responsibility on court officers or personnel to review documents for redactions or to redact documents.
Rule 5.1(g) is substantially identical to Federal Rule 5.2(h). Like Federal Rule 5.2(h), Rule 5.1(g) is intended to allow a party or a person the choice of declining to redact their own information, such as when the burden or expense of redaction outweighs the benefits of privacy. As with Federal Rule 5.2(h), if a person files an unredacted identifier by mistake, that person may seek relief from the court.
Note from the reporter of decisions: The order adopting Rule 5.1, Alabama Rules of Civil Procedure, is published in that volume of Alabama Reporter that contains Alabama cases from So. 3d.
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