Local Rule CR49.6: SEALED DOCUMENTS

RULE CR49.6 SEALED DOCUMENTS

(a) Procedure for Requesting Leave to File Under Seal. In criminal cases and except as described in (d) below, a party filing a motion for leave to file documents under seal must file that motion electronically, under seal, in the Electronic Filing System. The motion for leave to file under seal must attach as sealed exhibits the document(s) the party requests to be filed under seal. Finally, if required, the party must simultaneously provide the motion and document(s) it requests to be filed under seal to other parties in the case.

(b) Order Granting Leave. If the court grants the motion for leave to file under seal, the assigned judge will enter electronically a text entry only order authorizing the filing of the document(s) under seal. The filing party must then file its document(s) electronically under seal and, if required, provide them to other parties in the case. Further, if required, the party must submit, via email to KSD_<Judge'sLastName>_chambers@ksd.uscourts.gov a password protected proposed order (contact the clerk's office to obtain the password).

(c) Order Denying Leave. If the court denies the motion for leave to file under seal, the assigned judge will enter electronically an order denying the filing of the document(s) under seal.

(d) Search Warrants and Orders for Electronic Evidence. Any application and warrant for search, seizure, and/or tracking devices, applications and orders obtained pursuant to 18 U.S.C. §§ 2703(d) and 3123, and affidavits in support of such applications shall be kept and retained under seal by the clerk against everyone except attorneys and employees of the U.S. Attorney's Office. In the event that execution of the warrant results in the seizure of evidence later discoverable in a criminal proceeding, any duly appointed Assistant United States Attorney or Special Assistant United States Attorney is authorized to disclose the application, affidavit, and warrant or order to counsel for the defendant(s) without further authorization of the court and such documents will be unsealed when a return in filed absent a further order of the court. * * * Adopted 3/17/09 (formerly D. Kan. S.O. 08-1). Amended 8/26/24.