Local Rule LR 5.6: FILING DOCUMENTS UNDER SEAL IN CIVIL CASES
D. Minn. — Civil rule
LR 5.6 FILING DOCUMENTS UNDER SEAL IN CIVIL CASES
(a) Application of Rule.
(1) A document may be filed under seal in a civil case only as provided by statute or rule, or with leave of court.
(2) This rule does not require a party to file any document under seal, but sets forth the procedures used when a party seeks to file a document under seal.
(3) This rule does not affect a party's obligation to redact personal identifiers under Federal Rule of Civil Procedure 5.2 or LR 5.5, or any statutory, contractual, or other obligation to keep information confidential.
(b) Electronic Filing. All documents filed in a civil case—whether sealed or not—must be filed in compliance with the CIVIL ECF PROCEDURES GUIDE.
(c) What May Be Temporarily Sealed. A party may file a document under temporary seal only if the document contains information that:
(1) the filing party contends is confidential or proprietary;
(2) has been designated as confidential or proprietary by another party, by a nonparty, or under a non-disclosure agreement or protective order; or
(3) is otherwise entitled to protection from disclosure under a statute, rule, order, or other legal authority.
(d) Procedure for Filing Documents in Connection with LR 7.1 or LR 72.2 Under Temporary Seal.
(1) Filing Under Temporary Seal. A party seeking to file a document under seal in connection with a motion under LR 7.1 or an objection under LR 72.2 must first file the document under temporary seal. That party must file the temporarily sealed document separately so that the document is assigned its own docket number (e.g., ECF No. 15 or ECF No. 15-3).
(2) Redacted Public Version. A party filing a document under temporary seal pursuant to LR 5.6(d)(1) must contemporaneously and publicly file:
(A) a version of that document with the information described in LR 5.6(c) redacted; or
(B) a statement that the entire document is confidential or that redaction is impracticable.
(3) Joint Statement of Documents Unsealed by Agreement. Promptly after the filing of the final memorandum authorized by LR 7.1 or response authorized by LR 72.2, the parties must confer in good faith about whether any documents filed under temporary seal may be unsealed. Within 14 days after the filing of such final memorandum or response, the parties must file a Joint Statement of Documents Unsealed by Agreement, listing the docket numbers of any documents the parties agree may be unsealed in their entirety or stating that there are no such documents. Barring any amendment to the Joint Statement or court order to the contrary, the clerk's office will automatically unseal the listed documents 14 days after the Joint Statement is filed.
(4) Joint Motion Regarding Continued Sealing. Within 21 days after a final decision on the underlying LR 7.1 motion is filed, including a decision on any appeals or objections pursuant to LR 72.2, the parties must file a completed Joint Motion Regarding Continued Sealing Form.
(A) Joint Motion's Contents. The joint motion must list by docket number each document filed under temporary seal in connection with the underlying motion or objection and, for each such document:
(i) briefly describe the document;
(ii) precisely identify:
a) the information that the parties agree should remain sealed;
b) the information that the parties agree should be unsealed; and
c) the information about which the parties disagree;
(iii) explain why the parties agree that the information should remain sealed or be unsealed or, if the parties disagree, briefly explain each party's position; and
(iv) identify any nonparty that has designated the document or information in the document as confidential or proprietary.
(B) Party to File Joint Motion. Unless the parties agree or the magistrate judge orders otherwise, the party that filed the first document under temporary seal in connection with the underlying motion or objection must file the joint motion.
(C) Order on Joint Motion. The magistrate judge will ordinarily rule on the joint motion without oral argument. A party or nonparty that objects to the order must file a motion for further consideration under LR 5.6(f).
(D) Notice to Nonparties. If the magistrate judge orders the unsealing of information designated as confidential or proprietary by a person or entity that has not entered an appearance in the case, the party that filed that information under temporary seal must, within 7 days after entry of the order, notify the nonparty by providing a copy of the order together with any document affected by the order that contains information designated as confidential or proprietary by the nonparty. Such notification must be made in a manner reasonably calculated to bring the matter promptly to the attention of someone in a position to determine whether the nonparty should seek further consideration of the order pursuant to LR 5.6(f).
(5) Presiding Judge Authority. Nothing in this rule shall be construed as abrogating the presiding judge's discretion to either unseal or grant continued sealing of temporarily sealed documents at any time after providing interested parties and nonparties an opportunity to be heard.
(e) Procedure for Filing Pleadings and Related Documents Under Temporary Seal.
(1) Filing Under Temporary Seal. A party seeking to file a pleading or related document under seal must first file the document under temporary seal. That party must file the temporarily sealed document separately so that the document is assigned its own docket number (e.g., ECF No. 15 or ECF No. 15-3).
(2) Redacted Public Version.
(A) Requirement. A party filing a document under temporary seal pursuant to LR 5.6(e)(1) must publicly file:
(i) a version of that document with the information described in LR 5.6(c) redacted; or
(ii) a statement that the entire document is confidential or that redaction is impracticable.
(B) Timing. If the document under temporary seal is filed electronically, the redacted version or statement must be publicly filed contemporaneously. If the document under temporary seal is filed conventionally, the redacted version or statement must be publicly filed within 14 days.
(3) Motion Regarding Continued Sealing. A party filing a document under temporary seal pursuant to LR 5.6(e)(1) must file a motion regarding continued sealing and supporting memorandum.
(A) Contents of Supporting Memorandum. The supporting memorandum must list by docket number each document filed under temporary seal and, for each such document:
(i) describe the document; and
(ii) precisely identify:
a) any information the filing party contends should remain sealed and the factual bases for each such contention;
b) any information the filing party agrees may be unsealed; and
c) any document or information in the document that the filing party believes has been designated as confidential or proprietary by any other party or any nonparty, along with the name of each such other party or nonparty and the factual bases for each such belief.
(B) Timing of Motion. If the document under temporary seal is filed electronically, the motion regarding continued sealing must be filed contemporaneously and the supporting memorandum must be filed within two business days after filing the document under temporary seal. If the document under temporary seal is filed conventionally, the motion regarding continued sealing and the supporting memorandum must be filed within 14 days after filing the document under temporary seal.
(C) Timing of Responsive Memorandum. The magistrate judge will set a deadline for any responsive memorandum.
(D) Order on Motion. The magistrate judge will ordinarily rule on the motion without oral argument.
(E) Notice to Nonparties. If the magistrate judge orders the unsealing of information designated as confidential or proprietary by a person or entity that has not entered an appearance in the case, the party that filed that information under temporary seal must, within 7 days after entry of the order, notify the nonparty by providing a copy of the order together with any document affected by the order that contains information designated as confidential or proprietary by the nonparty. Such notification must be made in a manner reasonably calculated to bring the matter promptly to the attention of someone in a position to determine whether the nonparty should seek further consideration of the order pursuant to LR 5.6(f).
(f) Motion for Further Consideration of Sealing. Within 21 days after entry of a magistrate judge's order denying continued sealing in response to a motion under LR 5.6(d)(4) or LR 5.6(e)(3), a party or nonparty may file a motion for further consideration by the magistrate judge. If the motion for further consideration relates to information designated as confidential or proprietary by a person or entity that has not entered an appearance in the case, the movant must contemporaneously provide to the nonparty a copy of the motion and all documents filed in support of the motion. The motion for further consideration is a nondispositive motion governed by LR 7.1(b).
(g) Objection to Order Disposing of Motion for Further Consideration of Sealing. A party or nonparty that had notice of a motion for further consideration of sealing may object to a magistrate judge's order disposing of a motion for further consideration of sealing, but only if that party or nonparty filed or opposed the motion. The objection is governed by LR 72.2(a).
(h) Duration of Temporary Seal.
(1) Temporary Seal While Case is Pending. Except as provided in LR 5.6(h)(2), or as otherwise ordered by the court, a document filed under temporary seal remains under temporary seal until the latest of the following:
(A) The next business day following the applicable deadline for filing a motion regarding continued sealing under LR 5.6(d)(4) or LR 5.6(e)(3);
(B) The next business day following the applicable deadline for filing a motion for reconsideration of the magistrate judge's order disposing of the motion regarding continued sealing under LR 5.6(f);
(C) The next business day following the applicable deadline for filing an objection to the magistrate judge's order disposing of the motion for further consideration under LR 5.6(g); or
(D) The next business day following entry of the district judge's order disposing of an objection under LR 5.6(g).
(2) Temporary Seal upon Disposition of Case. A document that is under temporary seal at the time that the case is disposed of—such as by remand, transfer, dismissal, or entry of judgment—will remain sealed unless the court orders otherwise.
(i) Procedure for Filing Other Documents Under Seal. A party seeking leave of court to file a document under seal other than under LR 5.6(d) or LR 5.6(e) must, before filing, obtain direction from the court on the procedure to be followed.
[Adopted effective February 27, 2017; amended April 1, 2019; amended June 10, 2024; amended February 11, 2026]