Handbook III.K: Cases with Records under Seal

(See D.C. Cir. Rules 25(c)(4), 47.1.)

Any portion of the record that was placed under seal in the district court or before an agency remains under seal in this Court unless otherwise ordered. Parties and their counsel are responsible for assuring that materials under seal remain under seal and are not publicly disclosed. Matters under seal may not be filed in the Court of Appeals drop box. For privacy protections that govern all cases filed in this Court, see supra Part II.C.5.

In any case in which the record in the district court or before an agency is under seal in whole or in part, each party must review the record to determine whether any portions of the record under seal should remain under seal on appeal. If a party determines that some portion should be unsealed, that party must seek an agreement on the unsealing. Such agreement must be promptly presented to the district court or agency for its consideration and issuance of an appropriate order. See D.C. Cir. Rule 47.1(b); see also infra Parts VIII.H (discussing motions to unseal), IX.A.10 (discussing briefs containing material under seal), IX.B.7 (discussing appendices containing matters under seal). For procedures governing disposal of sealed records, see infra Part XIII.A.5.

Any document containing material under seal, or containing material that a party is seeking to place under seal, may not be filed using the Court’s electronic filing system. See D.C. Cir. Rule 25(c)(4). Such documents must be filed in paper form or in a nonpublic electronic format as set forth on the Court’s website.