Local Rule LR 79.2: Filing of Documents Under Seal

LR 79.2 - Filing of Documents Under Seal The following procedures govern documents under seal in civil and criminal cases for all documents filed after the effective date of these rules.

a. Procedures for Filing a Sealed Document. 1. Format. Any sealed document must be conspicuously labeled "SEALED." 2. Motion to Seal. To obtain a sealing order, a party must file in CM/ECF an unsealed written motion containing: (A) a generic, non-confidential identification of the document to be sealed; (B) the legal bases upon which the party seeks the order, including the reasons why alternatives to sealing are inadequate; and (C) the duration for which sealing is requested. The moving party also must send a proposed unsealed order granting the motion and setting forth the bases for the Court's action to chambers consistent with chambers procedures. 3. Document Proposed to be Sealed. The moving party must tender to the Court, in camera, the document proposed to be sealed. The document may be sent to chambers by e-mail consistent with chambers procedures or a hard copy may be filed with the Clerk's Office. The document will be kept under seal pending a decision by the Court on the motion. If a party wishes to file a document under seal in CM/ECF, the party will contact the Clerk's Office for instructions regarding how to file the document, which must be filed separately from the motion. If the motion to seal is denied, the document will be returned by the clerk to the party tendering it, unless the Court orders otherwise. The motion will be decided without a hearing, unless the Court orders otherwise. 4. Public Notice of Motion to Seal or Sealing Order. A motion to seal and any order to seal must be docketed according to the administrative procedures of the Court. 5. Objection to Sealing. Any person or entity, whether a party or not, may object to a motion to seal a document or may file a motion to unseal a document previously sealed. 6. Extension of Sealing. No order to seal will be extended except upon a subsequent order of the Court obtained in accordance with this rule. 7. Sealed Case. No case may be sealed in its entirety except by order of the Court for cause shown, obtained in accordance with this rule.

b. Exceptions. 1. No motion or order is required to file the following under seal: A. An unredacted version of a pleading, paper, exhibit, reference list or other document containing personal data identifiers, in compliance with these rules, the federal rules of procedure, or the E-Government Act; B. An ex parte motion or application where sealing is permitted or required by law; C. Presentence investigation reports, pretrial services reports, psychiatric or psychological evaluations in criminal cases, including documents incorporating the content of the foregoing documents; D. Affidavits submitted in support of a motion for in forma pauperis status; E. Motions, orders, notices, and other matters occurring before the grand jury, subject to the provisions of Fed. R. Crim. P. 6; F. Applications and orders for the disclosure of tax information (26 U.S.C. § 6103); G. Motions and orders involving the Classified Information Procedures Act (18 U.S.C. app. 3 §§ 1–16) or Foreign Intelligence Surveillance Act (50 U.S.C. § 1801); H. Pleadings and documents involving the Juvenile Delinquency Act; I. Requests and orders for authorization of investigative, expert, or other services pursuant to the Criminal Justice Act; or J. Other documents required by law to be filed under seal. 2. No publicly filed motion or order under this Rule is required for sealing the following: A. Motion by the United States for a downward departure or reduction of sentence in a criminal case, with leave of Court upon a showing of particular need in an individual case to prevent serious harm; or B. Search, seizure, and arrest warrants and affidavits. 3. A publicly filed motion and order citing only the statutory authority for sealing is required for the following: A. Applications and orders for pen/trap devices (18 U.S.C. § 2703); and B. Applications and orders for wire, oral, or electronic communication interception (18 U.S.C. § 2516).

c. Unsealing. Unless the Court orders otherwise, the clerk will unseal the following sealed documents when indicated: 1. Search warrant. After the search is executed and the warrant is returned to the clerk; 2. Arrest warrant, and in a violation case, any violation report. After the arrest is made; 3. Indictment. Upon the arrest or appearance of a single defendant. In multi-defendant cases, and unless the Court orders otherwise, upon the earliest of any of the following: A. 10 days following the arrest of any defendant; B. 30 days after return of the indictment; or C. when all defendants have been arrested or summoned. In criminal cases, each defendant must be provided with a copy of the charges against that defendant (with other portions redacted, if necessary), even if the indictment or complaint is otherwise sealed. In multi-defendant cases in which the indictment is to remain sealed, the government is responsible for submitting to the magistrate judge for approval, reasonably in advance of the initial appearance, an appropriately redacted indictment for disclosure to the defendant and to the public. 4. Criminal Complaint. 30 days after issuance or when all defendants named are in custody or have been summoned, whichever is the earliest. 5. Other sealed documents. All other sealed documents will be unsealed 120 days from the date of entry of the sealing order, unless the sealing order provides otherwise.