E-Rule 4: Locked Documents, Redaction
(a) All CM/ECF Users must strive to protect personal identifiers. In order to allow electronic access to documents, but also to protect personal privacy and other legitimate interests, certain documents in a case will be accessible to the public using CM/ECF, and certain documents will be locked, and available only to CM/ECF Users in that case.
(b) Once a Notice of Appeal is received by the Court, the Clerk will docket the appeal, designate the Secretary as the appellee, and create an electronic record of the Notice of Appeal. See U.S. Vet. App. R. 4(b). Because the Notice of Appeal will likely contain personal identifiers, that electronic record will be locked and accessible through CM/ECF only to CM/ECF Users in that case.
(c) Once a Petition for Extraordinary Relief is received by the Court, the Clerk will docket the petition, designate the Secretary as the Respondent, and create an electronic record of the petition. See U.S. Vet. App. R. 21(a). Because the Petition will likely contain personal identifiers, that electronic record will be locked and accessible through CM/ECF only to CM/ECF Users in that case.
(d) When the Secretary files the Board of Veterans' Appeals decision in a particular case, see U.S. Vet. App. R. 4(c), the Secretary must file at least two separate documents under separate docket entries: (1) a reference transmittal identifying the Board decision with any necessary personal identifiers; and (2) the Board decision with any personal identifiers redacted.
(e) The Record of Proceedings that the Secretary must file pursuant to Rule 28.1 of the Court's Rules of Practice and Procedure will be locked and available only to CM/ECF Users in that case. See U.S. Vet. App. R. 28.1.
Back
