Rule 218.Privacy Protection for Filings Made with the Court
Part II. Pleadings · Last amended July 1, 2021 · Last verified September 4, 2026
Full Text of Rule 218
Rule History
(Adopted March 29, 2021, effective July 1, 2021.)
Plain-English Summary
Rule 218 is the privacy rule, and it starts by assigning responsibility.
The filer redacts, and no one checks
It is the filer's responsibility to ensure protected personal data identifiers are omitted or redacted — whether filing electronically or conventionally, and even if the filer did not create the document. The duty also reaches documents initially exempt from disclosure that later become public. And the rule says it plainly: the clerk will not review filings to determine whether appropriate omissions or redactions have been made.
The six identifiers
Personal data identifiers should not appear at all unless required by the court, statute or rule, or material to the proceedings. Where they must be included, six are partially redacted:
- Social Security numbers — last four digits only;
- a minor child's name — initials only;
- dates of birth — year only, formatted XX/XX/1998;
- financial account numbers — last four digits, formatted XXXXX 1234;
- driver's license and state ID numbers — last four, formatted XXXXX350F;
- employer or taxpayer identification numbers — last four digits.
The redaction requirement does not apply to records filed before the rule took effect, to documents exempt from disclosure under I.C.A.R. 32, or — for a minor's full name — to documents relating to a name change for the minor.
When the full data is needed
A party filing a redacted document need not also file an unredacted one. But where unredacted identifiers are required or material in a document open to the public, the party chooses between filing a reference list that assigns a unique identifier to each redacted item, or filing an unredacted copy alongside. Either is exempt from disclosure under I.C.A.R. 32 — though courts share both with other government agencies as law allows, without court order.
If an unredacted document is inadvertently submitted, the filer must submit a redacted copy as soon as possible, identify the original and the date, and request that it be marked exempt.
Caution, and consequences
Parties should exercise caution with medical records and diagnoses, employment history, individual financial information, insurance information, proprietary or trade secret information, information about cooperation with the government, and personal information about a crime victim.
Failure to comply is grounds for contempt, and knowingly filing documents that disclose confidential information in violation of these rules can draw sanctions on the court's own motion or that of any party or affected person.
Orders and judgments
The court must, if possible, keep identifiers out of orders, judgments and decrees. Where they must appear in a public document, the unredacted version is protected from public access, served on the parties and available to them and to government agencies; a redacted copy is available to the public — but no redacted copy is prepared until someone specifically requests it.
Frequently Asked Questions
Who is responsible for redacting personal information?
The filer. Rule 218(a) places the responsibility on the filer whether the document is filed electronically or conventionally and even if the filer did not create it, and states that the clerk will not review filings to determine whether redactions have been made.
How do I refer to my child in a filing?
Rule 218(b)(2) provides that if the involvement of a minor child must be mentioned, only the initials of that child are used.
What if the court needs the full number?
Rule 218(d) requires choosing between filing the redacted document with a reference list assigning a unique identifier to each redacted item, or filing it together with an unredacted copy. Both are exempt from disclosure under I.C.A.R. 32.
What happens if I file an unredacted document by mistake?
Rule 218(e) requires the filer to submit a redacted copy as soon as possible, identify the original unredacted document and the date it was submitted, and request that it be marked exempt from disclosure.
What are the consequences of not redacting?
Rule 218(g) makes failure to comply grounds for contempt, and allows sanctions against a party who knowingly publicly files documents containing or disclosing confidential information in violation of these rules.
Are personal identifiers kept out of the decree itself?
Rule 218(h)(1) requires the court, if possible, to refrain from including them, and where they must appear, protects the unredacted document from public access while making a redacted copy available on specific request.