What Must Be Redacted in Court Filings?

Federal court filings must redact five categories of personal information under FRCP Rule 5.2: Social Security numbers (last four digits only), taxpayer identification numbers (last four digits only), dates of birth (year only), financial account numbers (last four digits only), and the names of minor children (initials only). State courts have substantially similar rules. Local court rules and protective orders often add additional categories specific to the case.

Federal redaction requirements

FRCP 5.2 sets the federal civil floor. Federal Rule of Criminal Procedure 49.1 mirrors it for criminal filings. The five identifiers above must be partially redacted on every filing unless an exception applies (forfeiture cases for account numbers, certain agency records, sealed cases under 5.2(c) like Social Security and immigration matters). Local district courts add their own requirements on top, so always check the local rules.

State court rules

Every state has its own redaction rules for state court filings. California Rule 1.201 covers SSNs and account numbers. New York 22 NYCRR 202.5(e) covers similar identifiers plus medical and mental health information. Texas Rule 21c covers SSN, driver's license, account numbers, and dates of birth. The five FRCP 5.2 categories are universal but states often add medical information, immigration status, or driver's license numbers.

Beyond the rule-mandated list

Court filings frequently require redaction beyond the rule minimums. Protective orders often specify trade secrets, customer lists, settlement amounts, salary information, and embarrassing personal facts. Sealed exhibits typically need full redaction in any publicly filed memorandum of points and authorities. Attorney-client privileged content and work product must be redacted whenever a privilege log accompanies a filing. Always review the local rules, the protective order if one exists, and any specific orders in the case file.

What the consequences look like

Failed redaction in a court filing can result in court sanctions, ordered corrective filings (often public), attorney fees awarded to the opposing party, malpractice exposure, and bar association inquiries about competence under Model Rule 1.1. Multiple courts have published unsealed orders after redaction failures, creating a public record of the failure that often exceeds the harm from the original disclosure.