Rule 5.2.Privacy protection for filings made with the Court

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 5.2 requires parties to redact sensitive personal identifiers -- like full names of juveniles, Social Security numbers, and financial account numbers -- from court filings, and sets out procedures for sealing, unsealing, and filing unredacted copies under seal.

Full Text of Rule 5.2

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Confidential filings. Whenever a party files a pleading or other document that is confidential in part or in its entirety, the party shall identify, by cover letter or otherwise, in a conspicuous manner, the portion of the filing that is confidential. A pleading or other document that is confidential in part or in its entirety shall be filed conventionally with the clerk. Any party or other person with standing may file a motion to unseal the case record or portion of a case record, setting forth good cause why the case record should no longer be confidential. An opposing party may respond to the motion within ten days from the date of filing of the motion. Upon its consideration, a court may, in its discretion, issue an order unsealing all or part of the case record, or issue an order denying the motion. Any party or other person with standing may file a motion to seal the case record or portion of a case record. The motion shall state the legal authority for confidentiality. Upon filing of the motion to seal, the case record or portion of the case record that is the subject of the motion shall be kept confidential pending a ruling on the motion. An opposing party may file a response to a motion to seal within ten days of the date of filing of the motion. Upon its consideration, the court may, in its discretion, issue an order sealing all or part of the case record, or issue an order denying the motion.

(b) Personal identifiers restricted. In order to protect the identities of juveniles and in order to avoid the unnecessary distribution of personal identifiers, any document filed with a trial court shall comply with the following standards.

(1) Initials or a descriptive term shall be used instead of a full name in: cases involving juveniles, even if those children have since become adults; cases involving crimes of a sexual nature that require reference to the victim of such crime; abuse and neglect cases; mental hygiene cases; and cases relating to expungements.

(2) Personal identifiers such as birth date and address may be used only when absolutely necessary to the disposition of the case.

(3) Social Security numbers may not be used. The last four digits should be utilized only.

(4) Sensitive financial information may be used only when necessary to the disposition of the case. The last four digits of financial account information should be utilized only.

(1) the record of an administrative or agency proceeding;

(2) the official record of a court proceeding; or

(3) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed; or.

(d) Filings made under seal for good cause shown. The court may, for good cause shown, order that a filing be made under seal without redaction. The court may later for good cause shown, unseal the filing or order the person who made the filing to file a redacted version for the public record.

(e) Protective orders. For good cause, the court may:

(1) order redaction of additional information;

(2) limit or prohibit a non-party's access to a document filed with the court; or

(3) enter a Medical Protective Order governing production of medical records and bills in a civil action. A proposed Medical Protective Order is set forth at Form 23.

(4) enter a general Protective Order governing production of confidential materials in a civil action. A proposed Protective Order (Confidentiality) is set forth at Form 24.

(f) Option for additional unredacted filing under seal. A person making a redacted filing may also file an unredacted copy under seal. The court shall retain the unredacted copy as part of the record.

(g) Option for filing a reference list. A filing that contains redacted information may be filed with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list shall be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information.

(h) Waiver of protection of identifiers. A person waives the protection of this Rule as to the person's own information by filing it without redaction and not under seal.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Court filings are public, and that creates a privacy problem: complaints and exhibits often contain Social Security numbers, financial account information, and the names of juveniles or crime victims. Rule 5.2 addresses that by requiring redaction of specific categories of personal information from any document filed with a trial court.

Instead of full names, filings must use initials or a descriptive term in cases involving juveniles, sexual offense victims, abuse and neglect, mental hygiene, and expungements. Social Security numbers are limited to their last four digits, and financial account numbers are treated the same way. Birth dates and addresses may appear only when the case requires them.

These redaction rules don't apply to certain records, like the official record of an administrative agency or a court proceeding. For filings that need extra protection, a party can file the whole document confidentially, ask the court to seal all or part of the case record, or ask the court to unseal a record already under seal — each with its own motion procedure and a 10-day response window for the opposing side. The rule also lets a party file an unredacted copy under seal alongside the public, redacted version, or use a sealed "reference list" that keys each redacted item to an identifier used throughout the case.

Courts can go further and issue protective orders limiting a non-party's access to filed documents, or enter a Medical Protective Order or a general Protective Order to control how confidential medical records or other sensitive materials are produced and used in the case.

Frequently Asked Questions

What personal information has to be redacted from court filings in West Virginia?

Full names of juveniles and certain other protected individuals (replaced with initials or a descriptive term), all but the last four digits of Social Security numbers, all but the last four digits of financial account numbers, and birth dates or addresses except when the case needs them.

Can I file a document under seal instead of redacting it?

Yes, for good cause shown. The court can order that a filing be made under seal without redaction, and can later unseal it or require a redacted version for the public record.

What if I need the court to seal part of the case record?

File a motion to seal stating the legal basis for confidentiality. The record stays confidential while the motion is pending, and the opposing party has 10 days to respond before the court rules.

Is there a way to protect information without sealing the whole document?

Yes. You can file a redacted version publicly and an unredacted copy under seal, or use a sealed reference list that ties each redacted item to a unique identifier used elsewhere in the filing.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 5.2). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: redacting personal informationsealing court recordssocial security number redactionprotective orderconfidential filings