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Rule 41.2.Privacy protection for filings

Group VI: Trials · Last amended April 15, 2014 · Last verified July 13, 2026

In one sentenceRule 41.2 tells anyone filing a document in a South Carolina civil case which personal identifiers to redact or omit, and sets out how confidential reference lists, clerk removals, and redaction requests work.

Full Text of Rule 41.2

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

(a) Redaction . A person filing a document in paper or electronic format shall not include, or will redact where inclusion is necessary, the following personal identifying information.
(1) Social Security Numbers, Taxpayer Identification Numbers, Driver's License Numbers, Passport Numbers or Any Other Personal Identifying Numbers. If it is necessary to include personal identifying numbers in a document, the parties should utilize some other identifier. Parties shall not include any portion of a social security number in a filing.
(2) Names of Minor Children . If a minor is the victim of a sexual assault or the victim in an abuse or neglect case, the minor's name must be completely redacted and a term such as "victim" or "child" should be used. In all other cases, the minor's first name and first initial of the last name (i.e., John S.), or only the minor's initials (i.e., J.S.) should be used.
(3) Financial Account Numbers, Including Any Type of Bank Account Numbers, Personal Identification Number (PIN) Code, or Passwords . If financial account numbers are relevant, only the last four digits of these numbers should be used.
(4) Home Addresses of Minors, Sexual Assault and Abuse and Neglect Victims, and Non-Parties . If a home address of a minor, sexual assault victim, or non-party must be included, only the city and state should be used.
(5) Date of Birth . If a date of birth must be included, only the year of birth should be included.
(b) Reference Lists . Where personal data identifiers are relevant to an issue in the case, a filing that contains redacted information may be filed together with a confidential 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 as a confidential document, which is not available to the public, and may be amended as of right. The confidential reference list shall not be made available on the Case Management System Public Index and may only be viewed by the parties and the court and staff. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. No order of the court is required to file a reference list.
(c) Responsibility to Redact. The clerks of court and their staff will not review filings for redaction or to determine if materials should be sealed pursuant to Rule 41.1, SCRCP. The responsibility for ensuring that information is redacted or sealed rests with counsel and the parties.
(d) Limitations on Remote Access to Electronic Files. Some documents or images that are filed may be removed from the Case Management System Public Index.
(1) The clerk of court may remove documents, exhibits, or other filings that may be highly inflammatory or otherwise potentially harmful.
(2) Documents, exhibits, or other filings which are removed under paragraph (d)(1) may be viewed at the courthouse.
(e) Requests to Remove. An individual may request that a clerk of court remove, from an image or copy of an official record placed on the Case Management System Public Index, any data which should have been redacted under paragraph (a) of this rule.
(1) Any request to remove data which should not have been included or should have been redacted in accordance with paragraph (a) must be made in writing, legibly signed by the requester, and delivered by mail, facsimile, electronic transmission, or in person to the clerk of court. The request must specify the document and the page number of the document that contains information to be redacted.
(2) The clerk of court has no duty to inquire beyond the written request to verify the identity of an individual requesting redaction.
(3) A fee must not be charged for the redaction pursuant to the request.

Notes

Note: Easy access to electronic court records raises privacy concerns. This rule details the type of personal information that parties are required to redact in court filings. Parties preparing or filing documents are prohibited from filing documents which contain personal identifying information delineated in S.C. Code Ann. § 30-2-330(A). Parties should exercise caution and refrain from including any unnecessary personal identifying information in court filings so as to limit the necessity of redacting documents. Furthermore, parties should exercise caution in including other sensitive personal data in filings, such as medical records, employment history, individual financial information, proprietary or trade secret information, information regarding an individual's cooperation with the government, information regarding the victim of any criminal activity, or national security information.

Note: Paragraph (b) provides for the same procedure as provided in Rule 5.2 (g) of the Federal Rules of Civil Procedure and permits parties to file a reference list to accompany a redacted filing. Parties should only file a reference list if the redacted information is relevant to an issue in the case or necessary to understand the filing.

Note: Paragraph (e) of this rule is consistent with the requirements of S.C. Code Ann. § 30-2-330(B).

Amendment History

Adopted by Order dated April 15, 2014.

Plain-English Summary

Court files are public, and in the electronic era that means a stray Social Security number or a child's full name can end up searchable by anyone with an internet connection. Rule 41.2 addresses that risk by telling filers what to leave out before they file, rather than relying on a clerk to catch it afterward. Filers must never include any part of a Social Security number, and other personal numbers — tax ID, driver's license, passport, financial account numbers — should be replaced with something else or cut down to the last four digits. Dates of birth get reduced to the birth year, and home addresses of minors, non-parties, or victims of sexual assault or abuse are trimmed to city and state.

Minors' names get special handling. If a minor was the victim of sexual assault, abuse, or neglect, the name must be redacted completely, replaced with a term like "child" or "victim." In every other case, only the minor's first name and the first initial of the last name need appear, or just initials. When the underlying identifiers still matter to the case, a party can file a confidential reference list that ties each redacted item to a stand-in label; that list stays off the public index and needs no court order to file.

The rule is also clear about whose job this is: the clerk and courthouse staff do not screen filings for missing redactions or for material that should have been sealed under Rule 41.1. That responsibility sits with the lawyers and the parties. Clerks retain a narrower power of their own — they may pull a document or exhibit from the public index if it is highly inflammatory or otherwise harmful, though it stays available for viewing at the courthouse.

If personal information slips through, an individual can ask the clerk in writing to remove it from the electronic index. The request has to identify the document and page number, and the clerk can act on it without independently verifying the requester's identity. No fee attaches to that kind of request.

Frequently Asked Questions

Can I include even part of a Social Security number in a filing?

No. Rule 41.2(a)(1) bars including any portion of a Social Security number in a filing, full stop. Other personal identifying numbers should be replaced with an alternate identifier if they need to appear at all.

How should I refer to a minor in a court filing?

Ordinarily, use the child's first name and the first initial of the last name, or just initials. If the minor was the victim of sexual assault, abuse, or neglect, the name must be completely redacted and replaced with a term like "child" or "victim."

What about a home address for a minor or a non-party?

Rule 41.2(a)(4) limits it to city and state when the address of a minor, a sexual assault or abuse/neglect victim, or a non-party must be included at all.

What is a confidential reference list for?

When a redacted identifier still matters to the case, a party can file a companion list matching each redacted item to a stand-in label. The list itself is filed as a confidential document, kept off the public index, and can be viewed only by the parties, the court, and court staff. No court order is needed to file it.

Will the clerk catch it if I forget to redact something?

Not reliably. Rule 41.2(c) puts the responsibility for redacting or sealing squarely on counsel and the parties; the clerk's office does not review filings for compliance.

What can I do if information that should have been redacted is already on the public index?

Rule 41.2(e) lets an individual send the clerk a signed written request identifying the document and page number, asking for the material to be removed from the electronic image or copy. The clerk need not verify the requester's identity beyond the written request, and no fee is charged.

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source
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