Supreme Judicial Court Rules

Electronic Filing Rules

Supreme Judicial Court Rules Massachusetts Rules of Electronic Filing Rule 11: Filing of impounded information

Adopted Date: 06/07/2018
Effective Date: 09/01/2018
Updates: Adopted June 7, 2018, effective September 1, 2018 (480 Mass. 1301)

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Table of Contents

(a) Filing of impounded documents

Except as otherwise provided, impounded documents should be filed in hard copy with the clerk's office. Such documents must be clearly labeled as impounded, with the appropriate accompanying notice of impoundment or motion to impound pursuant to the Uniform Rules of Impoundment Procedure, and any other applicable Massachusetts Court Rules and Orders.

(b) Electronic filing of impounded documents

When permitted by a court, impounded documents may be e-filed through the e-filing system. The User shall identify the document as impounded at the time of filing.

(c) Identification of impounded documents by user

Where an impounded document is submitted through the e-filing system, the User shall mark the cover or first page of the document as impounded.

(d) Motions to impound

A User may submit for e-filing a motion to file an impounded document. If the motion is granted, the User shall then submit by conventional methods the impounded document to the clerk's office for filing. A paper copy of the order granting the motion must be attached to documents so filed and delivered to the clerk.

(e) Confidentiality

The confidentiality of an electronic record or an electronic or paper copy thereof is equivalent to that of a paper record. Where an impounded document is scanned or otherwise placed in the e-filing system, access may be permitted only to the extent provided by law.

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