NJSBA Family Law Section

I notice that many plaintiff's attorneys are actually filing the Confidential Litigant Information Sheet and serving them on defendants.

This makes the plaintiff's Social Security number, date of birth, license number, etc.  all part of the public record.  In many cases it also gives information to the defendant that the defendant would not otherwise have.

I also still notice tax returns being filed with the CIS WITHOUT having the SS#'s blacked out or whited out, take your pick.

I would like to know if other attorneys also experience this, and what if anything other attorneys are doing in response.

Thanks.


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Ellen Radin Esq
Newark NJ
(973)854-8400

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I do not serve them. In fact, my office has a strict policy NOT to send Anything out with any type of "identity theft" information. If I receive anything from the adversary that I consider "identity theft" type information, I do not send it to the client until I redact.  I notice a lot of attorneys send the confidential litigant information sheet.
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Melissa Cipriano
West Caldwell NJ
(973)403-8600

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Original Message:
Sent: 07-11-2012 13:27
From: Ellen Radin
Subject: Confidential Litigant Information Sheet; Tax returns


I notice that many plaintiff's attorneys are actually filing the Confidential Litigant Information Sheet and serving them on defendants.

This makes the plaintiff's Social Security number, date of birth, license number, etc.  all part of the public record.  In many cases it also gives information to the defendant that the defendant would not otherwise have.

I also still notice tax returns being filed with the CIS WITHOUT having the SS#'s blacked out or whited out, take your pick.

I would like to know if other attorneys also experience this, and what if anything other attorneys are doing in response.

Thanks.


-------------------------------------------
Ellen Radin Esq
Newark NJ
(973)854-8400

-------------------------------------------

You have to submit a Confidential Litigant Information Sheet with the initial pleading in family part (Rule 5:4-2(g)). Pursuant to Rule 5:4-2(g) you should not submit a copy to your adversary or otherwise attach the form to any filed pleadings.  

As to social security numbers on CIS's, they are not supposed to be redacted.  Rule 1:38-3(d)(1) states CIS's are confidential and not to be provided to the public.  Judge Grant issued a Judicial Directive reaffirming this and also explicitly stating personal identifiers in CIS's should not be redacted.  I can't find a copy of that judicial directive.   

As a practical matter, any time I submit a CIS with a motion, I redact all personal identifiers.  I have not (yet) had a judge mention this as being an issue.  My concern is, in the unlikely event a request is made for one of my filed motions, the Court staff making the copy will fail to remove the CIS from the attachments to my client's certification.

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Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

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Original Message:
Sent: 07-11-2012 13:27
From: Ellen Radin
Subject: Confidential Litigant Information Sheet; Tax returns


I notice that many plaintiff's attorneys are actually filing the Confidential Litigant Information Sheet and serving them on defendants.

This makes the plaintiff's Social Security number, date of birth, license number, etc.  all part of the public record.  In many cases it also gives information to the defendant that the defendant would not otherwise have.

I also still notice tax returns being filed with the CIS WITHOUT having the SS#'s blacked out or whited out, take your pick.

I would like to know if other attorneys also experience this, and what if anything other attorneys are doing in response.

Thanks.


-------------------------------------------
Ellen Radin Esq
Newark NJ
(973)854-8400

-------------------------------------------

The CIS no longer requires a social, but the tax return and W-2 and paystubs usually have them, so that is where they must be redacted.

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Melissa Cipriano
West Caldwell NJ
(973)403-8600

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Original Message:
Sent: 07-11-2012 14:06
From: Gregory Thomlison
Subject: Confidential Litigant Information Sheet; Tax returns

You have to submit a Confidential Litigant Information Sheet with the initial pleading in family part (Rule 5:4-2(g)). Pursuant to Rule 5:4-2(g) you should not submit a copy to your adversary or otherwise attach the form to any filed pleadings.  

As to social security numbers on CIS's, they are not supposed to be redacted.  Rule 1:38-3(d)(1) states CIS's are confidential and not to be provided to the public.  Judge Grant issued a Judicial Directive reaffirming this and also explicitly stating personal identifiers in CIS's should not be redacted.  I can't find a copy of that judicial directive.   

As a practical matter, any time I submit a CIS with a motion, I redact all personal identifiers.  I have not (yet) had a judge mention this as being an issue.  My concern is, in the unlikely event a request is made for one of my filed motions, the Court staff making the copy will fail to remove the CIS from the attachments to my client's certification.

-------------------------------------------
Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

-------------------------------------------






Original Message:
Sent: 07-11-2012 13:27
From: Ellen Radin
Subject: Confidential Litigant Information Sheet; Tax returns


I notice that many plaintiff's attorneys are actually filing the Confidential Litigant Information Sheet and serving them on defendants.

This makes the plaintiff's Social Security number, date of birth, license number, etc.  all part of the public record.  In many cases it also gives information to the defendant that the defendant would not otherwise have.

I also still notice tax returns being filed with the CIS WITHOUT having the SS#'s blacked out or whited out, take your pick.

I would like to know if other attorneys also experience this, and what if anything other attorneys are doing in response.

Thanks.


-------------------------------------------
Ellen Radin Esq
Newark NJ
(973)854-8400

-------------------------------------------

I found the notice to the bar I referred to in my previous post:

http://www.judiciary.state.nj.us/notices/2009/n091120a.htm 


It states any attachments (tax returns, pay stubs, etc.) to Case Information Statements should not be redacted, as the entire document is deemed to be confidential pursuant to Rule 1:38.

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Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

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Original Message:
Sent: 07-11-2012 14:16
From: Melissa Cipriano
Subject: Confidential Litigant Information Sheet; Tax returns

The CIS no longer requires a social, but the tax return and W-2 and paystubs usually have them, so that is where they must be redacted.

-------------------------------------------
Melissa Cipriano
West Caldwell NJ
(973)403-8600

-------------------------------------------






Original Message:
Sent: 07-11-2012 14:06
From: Gregory Thomlison
Subject: Confidential Litigant Information Sheet; Tax returns

You have to submit a Confidential Litigant Information Sheet with the initial pleading in family part (Rule 5:4-2(g)). Pursuant to Rule 5:4-2(g) you should not submit a copy to your adversary or otherwise attach the form to any filed pleadings.  

As to social security numbers on CIS's, they are not supposed to be redacted.  Rule 1:38-3(d)(1) states CIS's are confidential and not to be provided to the public.  Judge Grant issued a Judicial Directive reaffirming this and also explicitly stating personal identifiers in CIS's should not be redacted.  I can't find a copy of that judicial directive.   

As a practical matter, any time I submit a CIS with a motion, I redact all personal identifiers.  I have not (yet) had a judge mention this as being an issue.  My concern is, in the unlikely event a request is made for one of my filed motions, the Court staff making the copy will fail to remove the CIS from the attachments to my client's certification.

-------------------------------------------
Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

-------------------------------------------






Original Message:
Sent: 07-11-2012 13:27
From: Ellen Radin
Subject: Confidential Litigant Information Sheet; Tax returns


I notice that many plaintiff's attorneys are actually filing the Confidential Litigant Information Sheet and serving them on defendants.

This makes the plaintiff's Social Security number, date of birth, license number, etc.  all part of the public record.  In many cases it also gives information to the defendant that the defendant would not otherwise have.

I also still notice tax returns being filed with the CIS WITHOUT having the SS#'s blacked out or whited out, take your pick.

I would like to know if other attorneys also experience this, and what if anything other attorneys are doing in response.

Thanks.


-------------------------------------------
Ellen Radin Esq
Newark NJ
(973)854-8400

-------------------------------------------

One problem is that you must send the Confidential Litigant's Information Sheet to the court with the othert documents required or the court will not accept the Complaint for filing.  So, it gets filed.  I never serve it on defendants, but I don't know how to keep the court staff from filing it!

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Carol Weil Esq.
Laurel Springs NJ
(856)232-3800

-------------------------------------------






Original Message:
Sent: 07-11-2012 13:27
From: Ellen Radin
Subject: Confidential Litigant Information Sheet; Tax returns


I notice that many plaintiff's attorneys are actually filing the Confidential Litigant Information Sheet and serving them on defendants.

This makes the plaintiff's Social Security number, date of birth, license number, etc.  all part of the public record.  In many cases it also gives information to the defendant that the defendant would not otherwise have.

I also still notice tax returns being filed with the CIS WITHOUT having the SS#'s blacked out or whited out, take your pick.

I would like to know if other attorneys also experience this, and what if anything other attorneys are doing in response.

Thanks.


-------------------------------------------
Ellen Radin Esq
Newark NJ
(973)854-8400

-------------------------------------------

How about all those QDROs filed back in the day with every possible personal identifier in them?? One could worry . . .

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Pamela Copeland Esq.
Watchung NJ
(908)561-6800

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Original Message:
Sent: 07-11-2012 14:38
From: Carol Weil
Subject: Confidential Litigant Information Sheet; Tax returns

One problem is that you must send the Confidential Litigant's Information Sheet to the court with the othert documents required or the court will not accept the Complaint for filing.  So, it gets filed.  I never serve it on defendants, but I don't know how to keep the court staff from filing it!

-------------------------------------------
Carol Weil Esq.
Laurel Springs NJ
(856)232-3800

-------------------------------------------






Original Message:
Sent: 07-11-2012 13:27
From: Ellen Radin
Subject: Confidential Litigant Information Sheet; Tax returns


I notice that many plaintiff's attorneys are actually filing the Confidential Litigant Information Sheet and serving them on defendants.

This makes the plaintiff's Social Security number, date of birth, license number, etc.  all part of the public record.  In many cases it also gives information to the defendant that the defendant would not otherwise have.

I also still notice tax returns being filed with the CIS WITHOUT having the SS#'s blacked out or whited out, take your pick.

I would like to know if other attorneys also experience this, and what if anything other attorneys are doing in response.

Thanks.


-------------------------------------------
Ellen Radin Esq
Newark NJ
(973)854-8400

-------------------------------------------

When filed, it is placed in a sealed envelope in the court's file. It is opened and used if/when an account needs to be set up in NJKids for support enforcement.

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Michael Conte Esq.
Pennington NJ
(609)730-3850

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Original Message:
Sent: 07-11-2012 14:38
From: Carol Weil
Subject: Confidential Litigant Information Sheet; Tax returns

One problem is that you must send the Confidential Litigant's Information Sheet to the court with the othert documents required or the court will not accept the Complaint for filing.  So, it gets filed.  I never serve it on defendants, but I don't know how to keep the court staff from filing it!

-------------------------------------------
Carol Weil Esq.
Laurel Springs NJ
(856)232-3800

-------------------------------------------






Original Message:
Sent: 07-11-2012 13:27
From: Ellen Radin
Subject: Confidential Litigant Information Sheet; Tax returns


I notice that many plaintiff's attorneys are actually filing the Confidential Litigant Information Sheet and serving them on defendants.

This makes the plaintiff's Social Security number, date of birth, license number, etc.  all part of the public record.  In many cases it also gives information to the defendant that the defendant would not otherwise have.

I also still notice tax returns being filed with the CIS WITHOUT having the SS#'s blacked out or whited out, take your pick.

I would like to know if other attorneys also experience this, and what if anything other attorneys are doing in response.

Thanks.


-------------------------------------------
Ellen Radin Esq
Newark NJ
(973)854-8400

-------------------------------------------