Rule 43.1.Filings, Pleadings, and Other Documents
Part IV. Service · Last amended December 3, 2024 · Last verified September 4, 2026
Full Text of Rule 43.1
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis Dec. 8, 2021, effective July 1, 2022, adopted on a permanent basis Aug. 29, 2022, effective Jan. 1, 2023; amended Aug. 24, 2023, effective Jan. 1, 2024; amended on an emergency basis Aug. 24, 2023, permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024; amended on an emergency basis, effective Aug. 22, 2024, permanently adopted effective Dec. 3, 2024.
Editors' Notes
APPLICATION
The Dec. 6, 2023 amendment applies to cases in which the motion, stipulation, decree, judgment, or order is filed or lodged on or after Jan. 1, 2024.
Plain-English Summary
Rule 43 is about getting documents to the other party. Rule 43.1 is about getting them to the court, and keeping the wrong things out of the public record.
When a document is filed
Filing is accomplished by filing with the clerk; a judge who permits direct submission must transmit the document to the clerk. A document is filed on the date the clerk receives and accepts it -- or, for a document handed to a judge, the date the judge receives it. Electronic filing is governed by ACJA section 1-901, which also covers deadlines missed because of a transmission failure. For an incarcerated party, the court must treat a document as filed on the date it was delivered to prison authorities to deposit in the mail.
The 45-day window
Where a local rule or a presiding judge's administrative order requires it, the clerk must not disclose to the general public any Rule 23 pleading, any petition for an order of protection, or any petition for injunction against harassment -- or documents and evidence relating to them -- until 45 days after filing. Judicial officers, court and clerk staff, the parties and their counsel of record, and anyone authorized by court order still have access.
What must not be filed
Four categories may be attached as exhibits only if relevant to an issue before the court, and may never be filed on their own: discovery and disclosure material (deposition notices and transcripts, interrogatories and answers, disclosure statements, production and admission requests and responses, examination requests, and notices of compliance with Rule 49 or Rule 91); proposed pleadings, unless needed to preserve the record on appeal; documents already filed, which may be incorporated by reference; and copies of authorities cited in memoranda. Violating this can cost a party the document, the clerk's filing and storage costs, and sanctions under Rule 71.
Proposed orders
A proposed order or judgment must be served on all parties when submitted, must be a separate document, and must carry at least two lines of text above the signature. The clerk may not file one. Every written stipulation must be accompanied by a proposed order, and the court must rule no later than 21 days after the stipulation is filed with a notice of lodging -- one of the deadlines Rule 30 collects.
Sensitive data
Sensitive data means social security numbers, driver's license numbers, bank account numbers, credit card numbers, and other financial account and personal identifying numbers. It must be omitted or redacted before filing, with references limited to the last 4 digits. The rule places responsibility solely on the person making the filing and states that the clerk and the court are not required to review filings for compliance. Where the court asks for the data, it goes on a separate confidential sensitive data form, and later references point to an item number on that form rather than repeating the data.
Affidavits of Financial Information and their attachments, medical, mental health and behavioral health records, income withholding orders, and notices of completed adoption are all treated as confidential.
Frequently Asked Questions
When is a document considered filed?
Rule 43.1(b)(1) makes it the date the clerk receives and accepts the document. A document submitted directly to a judge is filed on the date the judge receives it, and electronic filings follow ACJA section 1-901.
Who is responsible for redacting a social security number?
Rule 43.1(f)(2)(A) places the responsibility solely with the person making the filing, and states that the clerk and the court are not required to review documents for compliance or to seal or redact documents containing sensitive data.
Can I file my disclosure statement or deposition transcript?
Not separately. Rule 43.1(d)(2)(A) lists discovery and disclosure documents among those that may be filed only as attachments or exhibits to other documents, and only if relevant to an issue before the court.
How quickly must the court rule on a stipulation?
Rule 43.1(e)(5)(A) requires the court to rule no later than 21 days after the stipulation is filed with a notice of lodging and the proposed order attached.
If I am in custody, when does my filing count as filed?
Rule 43.1(b)(4) requires the court to treat the document as filed on the date it was delivered to prison authorities to deposit in the mail.
Is a dissolution petition public as soon as it is filed?
Not necessarily. Rule 43.1(c) allows a local rule or administrative order to bar the clerk from disclosing a Rule 23 pleading to the general public for 45 days after filing, though the parties, their counsel and court personnel retain access.