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Friday, August 25, 2023

Litigants and members of the bar are reminded of redaction obligations and the need to minimize the appearance of private identifiers in certain court filings. Specifically, (1) filers’ redaction obligations under Appellate Rule 25(a)(5), Bankruptcy Rule 9037 and E.D.N.Y Local Bankruptcy Rule 9037-1, Civil Rule 5.2, and Criminal Rule 49.1; (2) measures undertaken to minimize the appearance of private identifiers in court filings; (3) the obligation to secure a court order before redacting information beyond that specifically identified in the privacy rules; and (4) the obligation to redact private identifiers from transcripts of proceedings. Regarding transcripts, please review the privacy policy at, which describes transcript redaction policy and procedures. Recognizing that electronic transcripts create new challenges in meeting the redaction requirements, it is advised that best practice is for parties to make every effort to keep personal identifiers out of the record by not eliciting or offering such information in court.

In accordance with the rules referenced above and subject to specified exemptions, personal identifiers that must be redacted include:

(1) all but the last four digits of an individual’s social security number or taxpayer-identification number;

(2) the month and day of an individual’s birth;

(3) all but the initial letters of a known minor’s name;

(4) all but the last four digits of a financial-account number.