(a) Mandatory Redaction.
See Federal Rule of Civil Procedure 5.2(a) or Federal Rule of Bankruptcy
Procedure 9037 regarding mandatory redaction in electronic and
nonelectronic filings. The following privacy rules also apply to all documents
and exhibits filed in the district and bankruptcy courts.
(b) Discretionary Redaction.
The filing party may also redact the following information from all documents
and exhibits filed electronically or nonelectronically, unless the assigned
judge orders otherwise:
(1) personal identifying numbers, such as driver's license numbers;
(2) home street addresses;
(3) medical or psychological records;
(4) employment history;
(5) individual financial information;
(6) proprietary or trade secret information;
(7) information that may identify a cooperating individual;
(8) information regarding a crime victim;
(9) national security information;
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(10) sensitive security information as described in 49 U.S.C. § 114(s);
(11) education records as defined by 20 U.S.C. § 1232g(a)(4)(A); and
(12) other data as the court orders.
(c) Restricting Access to Unredacted Documents.
With the court's leave, a party may restrict access to a document containing
the unredacted personal data identifiers listed in Nebraska Civil Rule 5.3(b),
Federal Rule of Civil Procedure 5.2, or Federal Rule of Bankruptcy
Procedure 9037.
(1) Motion.
(A) Procedure.
A party seeking to file an unredacted document must
electronically file a motion to restrict access to the document
under the E-Government Act of 2002, Pub. L. No. 107-347,
116 Stat. 2899 (Dec. 17, 2002) (codified at 5 U.S.C. §§ 3701-
3707 and scattered sections) ("E-Government Act"). The
motion must state why filing an unredacted document is
necessary and why redaction would not reduce or eliminate
the need for restriction.
(B) Unredacted Document Not Attached.
The unredacted document must not be attached to the
motion, but rather filed separately as a restricted document.
The document remains provisionally restricted pending the
ruling on the motion to restrict access. If the court denies the
motion, it will direct the clerk to lift the restriction on the
unredacted document.
(2) Order.
In ruling on the motion, the assigned judge may lift the restriction on
the document, strike it, or order the filing party to place a redacted
copy of the document on the public docket.
(3) Docket Sheet Entries.
When access to a document is restricted under the E-Government
Act, an entry noting the restricted access appears on the public
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electronic docket sheet; however, only parties of record and court
users may routinely access the document electronically. The public
does not have remote access to the restricted document from the
docket sheet. The court may grant the public leave for remote access
upon motion.