Local Rule Rule 157.6: Sealed Documents and Pleadings
D. Me. — Criminal rule
Rule 157.6 Sealed Documents and Pleadings A pleading or document listed in subsection (a) that is designated in the caption of the document or pleading as being filed under Local Rule 157.6(a) (Sealed Document) will be accepted as filed under seal without prior approval from the Court. Otherwise, parties seeking to seal a pleading or document must file a motion to seal in accordance with subsection (b) or subsection (g).
(a) Automatic Sealing The following documents will be sealed upon filing. They will remain sealed until further order of the Court, unless otherwise provided below.
(1) search warrant and tracking warrant applications, supporting affidavits and resulting warrants, which will be sealed until the warrant is executed and returned to the Court;
(2) arrest warrants, which will be sealed until the warrant is executed;
(3) motions, orders, and notices concerning matters occurring before the grand jury;
(4) applications and orders for pen/trap devices, or wire, oral or electronic communication interceptions;
(5) applications and orders for the disclosure of tax information;
(6) motions and orders involving the Classified Information Procedures Act;
(7) all ex parte requests;
(8) all pretrial services reports, presentence investigation reports, and revocation reports;
(9) motions, orders, and any other pleadings and documents involving the Juvenile Delinquency Act; and
(10) cooperation agreements, which will be sealed until the Defendant is sentenced and then for an additional period of time equal to any term of imprisonment that the Court may impose.
(b) Motions to Seal A party seeking to obtain an order sealing any document not listed in subsection (a) of this rule or seeking to continue the sealing of any pleading or document already sealed must file a motion under this subsection. The motion must state the basis for sealing, the period of time during which the document is to be sealed and must set forth specific findings as to the need for sealing and the duration thereof. The motion itself must be filed under seal and remain sealed pending order of the Court under subsection (e). The document for which sealing is sought will be accepted provisionally under seal. Unless the motion is filed ex parte, the motion must include a statement whether there is agreement of the parties to the sealing.
(c) Response and Reply Any response or reply to a motion to seal or motion filed under seal under subsection (b) must be filed under seal. Unless otherwise ordered by the Court, the response and reply must be filed in accordance with Local Rule 147.
(d) Captions and Attachments to Motions The caption for a motion to seal, and any response or reply thereto, must clearly identify the document as relating to sealed matters. Any documents submitted along with the motion to seal must bear the proper case number and contain the words "Filed Under Seal" in the caption.
(e) Orders
(1) If the Court grants a motion to seal filed under subsection (b), it will state its findings supporting the issuance of an order to seal and will specify the duration of sealing. In making specific findings as to the need for sealing and the duration the document must be sealed, the Court may incorporate by reference the proposed findings in the motion to seal.
(2) If the Court denies a motion to seal filed under subsection (b), the motion to seal and any proposed paper documents tendered under provisional seal with that motion to seal will be returned to the moving party. Any electronic versions of the proposed documents will remain on ECF, sealed indefinitely, unless otherwise ordered by the Court. The denied motion to seal will remain sealed indefinitely, unless otherwise ordered by the Court.
(f) Form of Filing Filings under seal, and motions to seal and any response and reply thereto, must be in paper, unless otherwise directed by the Clerk.
(g) Transcripts of Proceedings in Criminal Cases
(1) Duty to Request Sealing. Counsel must request an order sealing some or all of a transcript of a criminal proceeding held before the Court.
(2) Producing a Transcript. Except for content ordered sealed by the Court, court reporters or other individuals designated to produce the record will not review the record for sealed or confidential information before producing or filing the transcript.
(3) Partial Transcript. When the Court orders content in a transcript sealed, the court reporter will make the textual notation "sealed" in that part of the transcript. The cover page of the transcript will contain the text "Partial Transcript." The part ordered sealed will not be preserved with empty or blacked-out line and page numbers. The court reporter will file the partial transcript, which will be available to the public.
(4) Unredacted Transcript. Court reporters will separately file the unredacted transcript containing information ordered sealed. The docket entry associated with this transcript and the transcript itself will be sealed from the public.