Yes, the certificate of compliance must be attached to every filing, regardless of whether the filing contains confidential information or is a confidential document.
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No, the custodian is not required to review or redact any filed document for compliance with this section. The filer, a party's attorney, or the party itself if pro se, is responsible to comply with the Policy.
Failure to comply with the requirements may cause the court, upon motion or its own initiative, to order the filed document sealed, redacted, amended, or any combination thereof.
A court may impose sanctions, including costs necessary to prepare a compliant document for filing in accordance with the applicable authority.
The confidential document form should be printed on yellow paper.
The confidential document form should be attached at the beginning of the confidential document (the top sheet). If a confidential document is intended to be an attachment to a filing, the confidential document should be filed separately. At the time of filing, the custodian may require that you detach a confidential document and file it separately under the confidential document form. One form is used for multiple documents.
The public can access any filing that is not designated by the filer as containing confidential information or as a confidential document as defined by the Policy.
The Policy does not apply to any filing that requires confidential information or a confidential document that is required by applicable authority, such as statute, regulation, or rule of court. This includes filings made in the Domestic Relations Section or Register of Wills.
Documents or information that is required to be included or filed by statute, rule, or regulation, does not have to be treated as confidential under the Policy.
If you are in doubt concerning the confidentiality of certain information or a document, then you should treat it as confidential. Court staff cannot provide legal advice.