District Local Rule Civ 5.3 (Civil) [v. 2]
Print PDF

SEALED AND IN CAMERA DOCUMENTS

This Rule applies to documents filed electronically or those filed in paper format.

(a)  General Provisions

(1)  Motion to File Under Seal. Counsel seeking to file a document under seal must file a motion to seal, along with supporting memorandum and proposed order, and file the document with the Clerk of Court. The motion must contain “MOTION TO SEAL” in bold letters in the caption of the pleading.

(2)  Public Information. Unless otherwise ordered, the motion to seal will be noted in the public record of the Court. However, the filing party or the Clerk of Court will be responsible for restricting public access to the sealed documents, as ordered by the Court.

(b)  Electronic Filing of Sealed Documents

(1)  Sealed documents and sealed cases will be filed in electronic format, with access restricted to the Court and authorized staff, unless otherwise ordered by the Court.

(2)  A motion to seal a document, either in its entirety or without redactions, or to seal a case, must be submitted electronically in CM/ECF. Any document to be filed under seal must be filed separately from the motion to seal. Unredacted documents filed under seal must indicate, by highlighting or other clear method, the portions of the document that have been omitted from the redacted version filed on the public docket, and prominently display the notation.

(3)  Documents submitted to the Court for in camera review may be submitted in the same fashion as sealed documents.

(4)  It is the attorney’s responsibility to ensure that the documents submitted for in camera review are not accessible to other parties. On a case-by-case basis, the presiding judge may request that paper copies of documents submitted for in camera inspection be sent directly to the judge’s chambers.

(5)  Additional instructions for the electronic submission of sealed and in camera documents are contained in the Electronic Case Filing Procedures.

(c)  Documents submitted in Paper Format

(1)  Format of Documents Filed Under Seal. If the material to be sealed is presented in paper format, counsel lodging the material must submit the material in an UNSEALED 8½ x 11 inch manila envelope. The envelope must contain the title of the Court, the case caption, and case number.

(2)  Absent any other Court order, sealed documents submitted in paper format will be returned to the submitting party after the case is closed and the appeal time has expired, or if appealed, after the conclusion of all appeals.


RELATED AUTHORITY
For further information, please see
Electronic Case Filing Procedures