Oklahoma § 51-24A.29 - Protective orders for pleadings, other materials Microfilm records - Procedures - Storing of protected materials Confidentiality

§ 51-24A.29. Protective orders for pleadings, other materials Microfilm records - Procedures - Storing of protected materials Confidentiality

A. Unless confidentiality is specifically required by law, any

order directing the withholding or removal of pleadings or other

material from a public record shall contain:

1. A statement that the court has determined it is necessary in

the interests of justice to remove the material from the public

record and in those instances where such withholding is required by

law, the order shall so indicate;

2. Specific identification of the material which is to be

withheld, removed or withdrawn from the public record, or which is

to be filed but not placed in the public record; and

3. A requirement that any party seeking to file protected

materials place such materials in a sealed manila envelope clearly

marked with the caption and case number, the word “CONFIDENTIAL”,

and stating the date the order was entered and the name of the judge

entering the order. This requirement may also be satisfied by

requiring the party to file the documents pursuant to the procedure

for electronically filing sealed or confidential documents approved

for electronic filing in the courts of this state.

B. No protective order entered after the filing and

microfilming of documents of any kind shall be construed to require

the microfilm record of such filing to be amended in any fashion,

and no other accounting entries may be affected by such order.

C. The party or counsel who has received the protective order

shall be responsible for promptly presenting the order to

appropriate supervisory court clerk personnel for action.

Oklahoma Statutes - Title 51. Officers

D. All documents produced or testimony given under a protective

order shall be retained in the office of counsel until required by

the court to be filed in the case.

E. Counsel for the respective parties shall be responsible for

informing witnesses and other persons, as necessary, of the contents

of the protective order.

F. When a case if filed in which a party intends to seek an

order withholding removing material from the public record, the

parties shall be initially designated on the petition under a

pseudonym such as “John or Jane Doe”, or “Roe”, and the petition

shall clearly indicate that the party designations are fictitious.

The party seeking confidentiality or other order withholding or

removing the case, in whole or in part from the public record, shall

immediately present application to the court, seeking instructions

for the conduct of the case, including confidentiality of the

records.

G. It shall be the duty of the party filing confidential

materials with the court to remove the materials from the custody of

the court clerk within sixty (60) days after dismissal or other

disposition of the main case in which the materials were filed. If

the party fails to remove confidential documents, the court clerk

shall be authorized to destroy without notice such materials after a

period of one (1) year has elapsed since the dismissal or other

disposition of the main case in which materials were filed.

H. Municipal courts shall keep confidential all personal

identifying information of the parties involved in any case in

municipal court, except where such information is provided to the

Oklahoma Tax Commission for purposes of collection of municipal

court fees. The personal identifying information that shall be kept

confidential includes the following:

1. Credit card numbers;

2. Social security numbers; and

3. Bank account numbers.

Added by Laws 2005, c. 72, § 1, eff. Nov. 1, 2005. Amended by Laws

2010, c. 193, § 1, eff. Nov. 1, 2010; Laws 2012, c. 278, § 7, eff.

Nov. 1, 2012.