Rule 5.2.Privacy Protection for Filings Made With the Court

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 5.2 requires parties to redact sensitive personal identifiers — Social Security and financial-account numbers and birth dates — from court filings, while offering sealing and reference-list options when full information is needed.

Full Text of Rule 5.2

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Redacted Filings. Unless the court orders or the law requires otherwise, in any filing with the court that contains an individual’s social security number, taxpayer identification number, or birth date, or a financial account number, a party or nonparty making the filing must include only:

(1) the last four digits of the social security number or taxpayer identification number;

(2) the year of the individual’s birth; and

(3) the last four digits of the financial account number.

(b) Exemptions from the Redaction Requirement. The redaction requirement does not apply to the following:

(1) a financial account number that identifies the property allegedly subject to forfeiture in a forfeiture proceeding;

(2) the record of an administrative or agency proceeding;

(3) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed; and

(4) a filing covered by Rule 5.2(c).

(c) Filings Made Under Seal. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

(d) Protective Orders. For good cause, the court may by order in a case:

(1) require redaction of additional information;

(2) limit or prohibit a nonparty’s remote electronic access to a document filed with the court; or

(3) provide other guidance regarding privacy and access consistent with the Rules for Privacy and Public Access to Court Records in Montana.

(e) Option for Additional Unredacted Filing under Seal. A person making a redacted filing may also file an unredacted copy under seal. The court must retain the unredacted copy as part of the record.

(f) Option for Filing a Reference List. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information.

(g) Non-conforming Documents.

(1) Waiver. A person waives the protection of Rule 5.2(a) as to the person’s own information by filing it without redaction and not under seal.

(2) Sanctions. If a party fails to comply with this rule, the court on motion of another party or its own motion may order the pleading or other document to be reformed. If the order is not obeyed, the court may order the document stricken.

End

Plain-English Summary

Court files are largely public, so Rule 5.2 protects the sensitive identifiers that tend to appear in them. Unless a court orders otherwise or the law requires it, a filing that contains certain personal data must show only a limited part of it: the last four digits of a Social Security or taxpayer-ID number, only the year of a person’s birth, and the last four digits of a financial-account number.

The rule then supplies safety valves for situations where the full data matters. A filing may be made under seal; a party may file an unredacted copy under seal alongside the redacted public version; or a party may file a reference list (under seal) that keys identifiers to the redacted items. Courts can also enter protective orders requiring more redaction or limiting remote access. A person who files their own information unredacted and not under seal waives the protection as to that information, and a party who ignores the rule can have the document reformed or stricken.

Frequently Asked Questions

What personal information must I redact from court filings?

Social Security and taxpayer-identification numbers (leave only the last four digits), birth dates (leave only the year), and financial-account numbers (leave only the last four digits).

What if the court needs the full number?

You may file an unredacted copy under seal, or file a reference list — itself filed under seal — that ties a unique identifier to each redacted item.

What happens if I file someone’s full Social Security number?

If you fail to comply, the court may order the document reformed and, if that order is not obeyed, order it stricken. A person who files their own information without redaction and not under seal waives the rule’s protection as to that information.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: privacyredactionredactsensitive information