E-Rule 4: Locked Documents, Redaction
(a) All CM/ECF Users must strive to protect personal identifiers. In order to allow electronic access to documents, but also to protect personal privacy and other legitimate interests, certain documents in a case will be accessible to the public using CM/ECF, and certain documents will be locked, and available only to CM/ECF Users in that case.
(b) Once a Notice of Appeal is received by the Court, the Clerk will docket the appeal, designate the Secretary as the appellee, and create an electronic record of the Notice of Appeal. See U.S. Vet. App. R. 4(b). Because the Notice of Appeal will likely contain personal identifiers, that electronic record will be locked and accessible through CM/ECF only to CM/ECF Users in that case.
(c) Once a Petition for Extraordinary Relief is received by the Court, the Clerk will docket the petition, designate the Secretary as the Respondent, and create an electronic record of the petition. See U.S. Vet. App. R. 21(a).
i. If a petition for extraordinary relief is received by the Court and the petitioner is represented, the petitioner must file at least two separate documents under separate docket entries: (1) the petition for extraordinary relief with any necessary personal identifiers; and (2) the petition for extraordinary relief with any personal identifiers redacted. The electronic record of the petition for extraordinary relief that contains personal identifiers will be locked and accessible through CM/ECF only to CM/ECF Users in that case. The electronic record of the redacted petition for extraordinary relief will not be locked and will be accessible to the public.
ii. If a petition for extraordinary relief is received by the Court
and the petitioner is not represented, any document containing
personal identifiers will be locked and accessible through
CM/ECF only to CM/ECF Users in that case. Any document
that does not contain personal identifiers will not be locked and
will be accessible to the public.
Self-represented petitioners are encouraged to use Form 5
(Self-Represented Petition for Extraordinary Relief Form) in
the Appendix of Forms.
(d) When the Secretary files the Board of Veterans' Appeals decision in a particular case, see U.S. Vet. App. R. 4(c), the Secretary must file at least two separate documents under separate docket entries: (1) a reference transmittal identifying the Board decision with any necessary personal identifiers; and (2) the Board decision with any personal identifiers redacted.
(e) The Record of Proceedings that the Secretary must file pursuant to Rule 28.1 of the Court's Rules of Practice and Procedure will be locked and available only to CM/ECF Users in that case. See U.S. Vet. App. R. 28.1.
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