www.mnbar.org; May/June;2014;s Bench&Bar of Minnesota 33
BytheCourt By Court
STATE OF MINNESOTA
IN SUPREME COURT
Order Establishing Deadline for Submitting Comments on
Proposed Amendments to the Minnesota Rules of Civil
Procedure and the General Rules of Practice Related to
Submission of Confidential Information
The eCourt Steering Committee has recommended amendments to the Minnesota Rules of Civil Proce- dure and the General Rules of Practice for the District
Courts related to the submission of confidential information
in pleadings or other documents filed with the district courts.
Specifically, the proposed amendments address the confidentiality of restricted identifiers (i.e., social security numbers)
and financial documents (i.e., financial account statements).
The proposed amendments to the rules are attached to this
order. The court will consider the proposed amendments after
soliciting and reviewing comments on the proposal.
It Is Hereby Ordered that any individual wishing to
provide written comments in support of or opposition to the
proposed amendments shall file an original and one copy of
those comments with AnnMarie O’Neill, Clerk of the Appellate Courts, 25 Rev. Dr. Martin Luther King Jr. Blvd., St.
Paul, MN 55155, no later than May 31, 2014.
Dated: March 28, 2014
By the Court:
Lorie S. Gildea, Chief Justice
[In the following proposed amendments, additions are indicated
by underlining, deletions are indicated by strikethrough]
Minnesota Rules of Civil Procedure
Rule 5. Service and Filing of Pleadings and Other Papers
5.04 Filing; Certificate of Service
Any action that is not filed with the court within
one year of commencement against any party is deemed
dismissed with prejudice against all parties unless the parties within that year sign a stipulation to extend the filing
period. This paragraph does not apply to family cases governed by rules 301 to 378 of the General Rules of Practice
for the District Courts.
All documents after the complaint required to be served
upon a party, together with a certificate of service, shall be
filed with the court within a reasonable time after service,
except disclosures under Rule 26, expert disclosures and
reports, depositions upon oral examination and interrogatories, requests for documents, requests for admission, and
answers and responses thereto shall not be filed unless upon
order of the court or for use in the proceeding.
The administrator shall not refuse to accept for filing
Minnesota General Rules of Practice for the District Courts
any document presented for that purpose solely because
it is not presented in proper form as required by these
rules or any local rules or practices. Documents may be
rejected for filing if:
a) tendered without a required filing fee or a correct
assigned file number,;
b) or are tendered to an administrator other than for the
court where the action is pending;
c) the documents constitute discovery or trial exhibits
submitted prior to trial without the express permission of
the court (e.g., by order or rule), or without a corresponding
motion related to the discovery or exhibit;
d) if the filing is the initial filing in a non-family case, and
is not accompanied by the civil cover sheet required under
Rule 104(b) of the General Rules of Practice for the District
e) the documents include restricted identifiers that have not
been submitted in a confidential manner as required by Rule
11 of the General Rules of Practice for the District Courts.
Title I. Rules Applicable to All Court Proceedings
Rule 11. Submission of Confidential Information
Rule 11.01 Definitions
The following definitions apply for the purposes of this
(a) “Restricted identifiers” shall mean the following
numbers of a party or other person: complete or partial
social security number, complete or partial employer
identification number, and financial account numbers
other than the last four numbers of a financial account
number that is not also a social security number of a
party or other person.
(b) “Financial source documents” means income tax
returns, W- 2 forms and schedules, wage stubs, credit
card statements, financial institution statements, check
registers, and other financial information deemed
financial source documents by court order.
Rule 11.02 Restricted Identifiers
(a) Pleadings and Other Documents Submitted by a
Party. No party shall submit restricted identifiers on any
pleading or other document that is to be filed with the court
( 1) on a separate form entitled Confidential Informa-
tion Form (see Form 11. 1 as published by the state
court administrator) filed with the pleading or other
( 2) on Confidential Sealed Financial Source
Documents under Rule 11.03.
The parties are solely responsible for ensuring that restricted
identifiers do not otherwise appear on the pleading or other
document filed with the court. The court administrator will
not review each pleading or document filed by a party for
compliance with this rule. The Confidential Information
Form (Form 11. 1) shall not be accessible to the public.
(b) Records Generated by the Court. Restricted
identifiers maintained by the court in its register of actions