Local Rule L.R. 79-5.2.1: Under-Seal Civil Cases

L.R. 79-5.2.1 Under-Seal Civil Cases.

(a) Case-Initiating Documents.

(i) If Filing Under Seal Is Already Expressly Authorized. If a statute, rule, regulation, or prior court order expressly provides that a case is to be filed under seal, the complaint (or other initiating document) and all concurrently filed documents must be presented to the Clerk for filing in paper format, in accordance with the applicable Federal Rules of Civil Procedure and the Local Rules of this Court. The caption must clearly indicate the authority for filing the case under seal by including, immediately under the title of the document: "FILED UNDER SEAL PURSUANT TO ________." If filing under seal is authorized by a court order, a copy of the order must be provided with the case-initiating document.

(ii) All Other Circumstances. In the absence of prior express authorization to file a case under seal, the filer must present to the Clerk for filing in paper format: (1) the case-initiating document(s); (2) an Application for Leave to File Case Under Seal; (3) a declaration establishing good cause or demonstrating compelling reasons why the strong presumption of public access in civil cases should be overcome; and (4) a proposed order. While the Application is pending, the Clerk must seal the case and all associated documents. If the Application is denied, the Clerk must, unless otherwise ordered by the Court, immediately unseal the case and all documents filed therein, and may do so without first notifying the filing party.

(b) Subsequent Documents. All documents filed in sealed cases must be presented to the Clerk for filing in paper format. All such documents will be accepted as filed under seal, without the need for a separate Application for Leave to File Under Seal.