Local Rule Rule 9018-1: MOTIONS TO PUBLICLY FILE REDACTED DOCUMENTS AND TO FILE UNREDACTED DOCUMENTS UNDER SEAL

Rule 9018-1 MOTIONS TO PUBLICLY FILE REDACTED DOCUMENTS AND TO FILE UNREDACTED DOCUMENTS UNDER SEAL

(a) Unless otherwise required by these Local Bankruptcy Rules, the Bankruptcy Rules, the Bankruptcy Code, General Order M-558, or order of this Court, requests to file under seal must consist of two parts: (i) a motion to seal and (ii) the documents to be sealed.

(b) The motion to seal must include:

(1) the grounds for sealing;

(2) the identity of any parties other than the moving party who will have access to the documents to be sealed;

(3) the duration of the seal;

(4) the time when the movant will either unseal the documents or retrieve the documents at the conclusion of the matter;

(5) a redacted copy of the documents sought to be sealed with only those redactions necessary to preserve confidentiality, made in good faith; and

(6) a proposed order that contains language indicating the order is without prejudice to the rights of any party in interest, or the United States Trustee, to seek to unseal the documents, or any part thereof.

(c) Upon filing the motion to seal, the moving party must hand deliver a hard copy of the motion to seal and the unredacted documents sought to be sealed to the Clerk's Office as well as a USB flash drive containing an electronic copy of the unredacted documents. The documents must be conspicuously marked "FILED UNDER PENDING MOTION TO SEAL."

Comment This rule was added in 2016 to provide a uniform standard procedure for how to file motions under seal. The rule distinguishes between the motion, which should be filed publicly on the docket, and the documents to be sealed. The motion should include a redacted copy of the documents to be sealed. The time to file and serve the underlying motion for which purpose the motion to seal is being made should be in accordance with all applicable rules pertaining to service of the underlying motion.

Section (c) was amended in 2024 to add that the moving party must provide the Clerk's Office with an electronic copy of the unredacted documents in a USB flash drive. In addition to providing the Clerk's Office with a copy of the documents pursuant subsection (c), the moving party should refer to the individual Judge's chambers rules to provide a separate chambers copy of the sealing materials to the assigned Judge.