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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]

2026 Advisory Committee Note to LR 5.6 The primary focus of these amendments is to postpone the deadline for the Joint Motion Regarding Continued Sealing until after a final decision on the underlying motion has been issued, so that magistrate judges have the benefit of the final decision when ruling on the joint motion. In that regard, it is expected that the explanation of the parties' positions in their Joint Motion Regarding Continued Sealing on why documents should or should not remain sealed under subsection (d)(4)(A)(iii) will include, inter alia, whether the information played a material role in the decision resolving the underlying motion or objection. See IDT Corp. v. eBay, 709 F.3d 1220 (8th Cir. 2013).

Nothing in this rule, which addresses the obligations of the parties with regard to sealed filings, is intended to abrogate the rights of nonparties that may exist under court rules, the common law, and/or the First Amendment to access court filings by filing an appropriate motion at any time, notwithstanding the deadlines in this rule.

2024 Advisory Committee Note to LR 5.6 The primary focus of these amendments is to establish a procedure for filing under seal information included in pleadings or related documents. Previously, LR 5.6 specified only a process for filing information under seal in connection with motions under LR 7.1 or objections under LR 72.2. Parties that sought to file under seal in any other context were instructed to obtain direction from the court on the procedure to be followed. Since then, however, pleadings and related documents (such as exhibits and addenda) have occasionally been filed under seal—sometimes in their entirety—without the filing party seeking direction from the court, or with varying instructions from chambers. Given the importance of access by the parties and the public to the documents that set forth the very claims and defenses in a case, and the pleading standards in federal court, it should be the rare exception when any part of a pleading needs to be filed under seal for reasons other than dictated by statute (which are outside the scope of this rule). The committee concluded that LR 5.6 should be amended to establish a consistent process for the rare occasion when a party seeks to file a pleading or related document under seal.

Because pleadings are often filed before all parties have entered an appearance or even have notice of the litigation, the joint motion process of LR 5.6(d) could not simply be extended to temporarily sealed pleadings. Accordingly, subdivision LR 5.6(e) sets out a new procedure for temporary sealing and related motion practice for pleadings and related documents. This amendment is not intended to change the practice for filing pleadings-related motions, such as motions to dismiss or motions to amend under LR 7.1(b) or LR 7.1(c), which continues to be governed by LR 5.6(d).

Subdivision (e). Under this new subdivision (e), as under subdivision (d), the party filing documents under temporary seal must also file either (1) an unsealed public version that redacts only the material that is the basis for the request to seal, or (2) a statement that it is impracticable to file a redacted version. For parties filing electronically, the redacted public version or statement of impracticability must be filed contemporaneously with the filing of the sealed documents themselves, consistent with the requirement in subdivision (d). For pro se parties filing conventionally, however, subdivision (e) allows them 14 days after filing the sealed documents to file the redacted public version or statement. Subdivision (d), by contrast, does not differentiate between parties filing electronically and parties filing conventionally with regard to the deadline for filing redacted public versions of documents filed under temporary seal in connection with motions.

Like subdivision (d), subdivision (e) also requires a motion regarding the continued sealing of documents filed under temporary seal. The continued sealing motion prescribed by subdivision (e) for pleadings and related documents, however, is different in several significant respects from the motion required by subdivision (d).

First, the motion regarding continued sealing prescribed by subdivision (e) must be filed sooner than that of subdivision (d). Under subdivision (e), parties filing electronically must file the motion contemporaneously with the filing of the sealed documents and the redacted public versions, although the rule gives them an additional two business days to file the supporting memorandum. Parties filing conventionally must file the motion together with the supporting memorandum within 14 days (the same as the deadline for filing the redacted public versions). By contrast, the motion regarding continued sealing under subdivision (d) is filed only after the conclusion of all briefing on the underlying motion.

Second, unlike subdivision (d), the motion regarding continued sealing under subdivision (e) is not prepared jointly but rather solely by the filing party. In the context of a motion filed under LR 7.1 (and therefore subject to the LR 5.6(d) process), multiple parties will file memoranda and may file arguably confidential documents pertaining to the underlying motion. It therefore makes sense to wait until the conclusion of all briefing and then have the parties work jointly on the submission to the court identifying what information filed in connection with that motion may be unsealed and what ought to remain sealed and why. The same is not true of pleadings; indeed, there may be no other parties that have yet entered an appearance in the case and it may be uncertain whether or when all parties will appear. For this reason, subdivision (e) leaves it to the court to determine whether and, if so, when, a responsive memorandum must be filed. However, as with any motion, the party filing a motion regarding continued sealing in connection with pleadings or related documents should attempt to meet and confer with opposing counsel about that motion unless it is not practicable to do so. See LR 7.1(a). A proactive effort to meet and confer could be helpful (and perhaps even obviate the need for temporary sealing of the documents in the first place), particularly if the reason for sealing is based not on the filing party's own concerns for confidentiality but on the belief that the opposing party will assert that the information is confidential.

Third, the concise form used for joint motions regarding continued sealing under subdivision (d) will not suffice for a motion regarding continued sealing of pleadings or related documents. Rather, because of the presumptively public nature of pleadings, the party must describe in greater detail in a memorandum of law the factual and legal bases for the claim that the documents should remain sealed.

Subdivision (e), like subdivision (d), requires notice within seven days to a nonparty regarding an order for unsealing of information to which the nonparty claims confidentiality. The provision is identical in the two subdivisions. However, these amendments make some minor revisions to that provision. In addition to nonsubstantive changes for readability, the amended provision dispenses with the requirement that the nonparty be "serve[d]" with a copy of the order and any affected documents, replacing it with the more functional requirement that the nonparty be notified and provided with a copy in a manner reasonably calculated to bring it to the attention of someone in a position to determine whether the nonparty should seek further consideration of the order under LR 5.6(f). In most cases, the nonparty representative to whom that notification should be made will be apparent because one or more of the parties will have interacted with such a person at the time the nonparty provided its confidential documents, whether in discovery or in the course of prior business dealings in which the documents were exchanged. Where that is not the case, the party that bears the responsibility of notifying the nonparty should promptly seek guidance from the court about how notice should be given.

Other amendments to LR 5.6 are organizational in nature. Because the processes for seeking further consideration of and objecting to orders on motions for continued sealing are the same for both subdivision (d) and new subdivision (e), those provisions were moved to separate new subdivisions (f) and (g) to minimize duplication. For the same reason, the provisions addressing the duration of a temporary seal were moved to a new subdivision (h).

Subdivisions (f) and (h). Subdivisions (f) and (h), however, also include substantive changes. In subdivision (f), the time for filing a motion for further consideration of an order denying sealing has been reduced from 28 days to 21 days. This change was made to shorten the time to ultimate resolution while balancing the interests of the parties and concerned nonparties in putting before the court the underlying factual and legal bases for a claim of confidentiality.

The provisions of subdivision (h) were revised in several ways to clarify the expiration date of a temporary seal. First, in the absence of a court order, temporary sealing will now automatically expire on "the next business day following" an applicable deadline rather than a certain number of days after a previous procedural step. This change was made to avoid the temporary seal arguably expiring on the last day a motion or objection could still be filed under the rule (or despite a court-granted extension of time for that filing). Second, the rule now explicitly states that a temporary seal automatically expires if no motion regarding continued sealing is timely filed.

Subdivision (i). New subdivision (i) is largely the same as the equivalent "catchall" provision in prior subdivision (e), but now excludes pleadings and pleading-related documents. It also emphasizes that a party wishing to file under seal a document in some context not addressed by LR 5.6(d) or (e) must seek direction from the court before filing the document.

2019 Advisory Committee Note to LR 5.6 These amendments clarify that the procedures of LR 5.6 also apply to objections under LR 72.2.

LR 5.6(d)(1) clarifies that the document filed under temporary seal must be filed as a separate document (e.g., ECF No. 15) or as a separate attachment (e.g., ECF No. 15-3) so that parties, nonparties, and the court can refer to it by a unique number. Further guidance on the mechanics of filing documents under temporary seal may be found in the Civil ECF Procedures Guide.

LR 5.6(d)(1)(C) has been added to address what happens to a document that is under temporary seal upon the disposition of the case. This situation will arise when a document is filed under temporary seal and the case is disposed of — such as by remand, transfer, dismissal, or entry of judgment — before the process described in LR 5.6(d)(2) has run its course. LR 5.6(d)(1)(C) provides that, in that situation, the document will remain sealed unless a court orders otherwise. Thus, if a magistrate judge orders a document to be unsealed, and the case is subsequently disposed of before the deadline in LR 5.6(d)(1)(B), the document will remain sealed even if no party has opposed the magistrate judge's order. But if a magistrate judge orders a document to be unsealed, and the case is disposed of after the deadline in LR 5.6(d)(1)(B), the document will be unsealed and will remain unsealed. Parties should bear this in mind when, for example, they settle a case before the deadline in LR 5.6(d)(1)(B). If the parties will not be able to finalize the settlement papers and obtain dismissal before that deadline, any party that seeks continued sealing must either continue with the process described in LR 5.6(d)(2) or move to extend the temporary seal until the case is dismissed.

LR 5.6(d)(2) makes clear that when only part of a document contains confidential information, the parties must identify precisely what information must remain sealed and what information may be disclosed. The parties must do so either by specifying where the information is located in the document or by proposing redactions. For example, if part of a document can be disclosed, the parties either must briefly describe what part can be disclosed and what part cannot be disclosed (e.g., "the email can be disclosed except for the second sentence of the third paragraph on the first page"), or must file proposed redactions illustrating what part of the document can be disclosed and what part cannot be disclosed. It is now permissible, and parties are encouraged, to file with the Joint Motion Regarding Continued Sealing proposed redactions of any document to allow the court to determine precisely what information must remain sealed and what information may be unsealed. This provision is an exception to the statement in the 2017 Advisory Committee Note that the Joint Motion Regarding Continued Sealing form is the "only document that may be filed." Proposed redactions must be filed under seal and in compliance with the Civil ECF Procedures Guide. The procedure established by LR 5.6(d) does not apply to proposed redactions.

All other amendments are intended to be stylistic only.

2017 Advisory Committee Note to LR 5.6 LR 5.6 is a new rule regarding the filing of information under seal in civil cases. The new rule addresses two problems with current practice:

First, the court has never established a uniform process for filing information under seal in civil cases. As a result, current practice is haphazard, varying from judge to judge and case to case. In fact, parties sometimes file information under seal in civil cases without seeking or receiving the permission of a judge.

Second, parties have been filing too much information under seal in civil cases, in part because of confusion over the difference between protective orders and sealing orders. As a general matter, the public does not have a right of access to information exchanged in discovery; thus, protective orders are often quite broad, covering entire documents or sets of documents produced during discovery, even when most or all of the contents are not particularly sensitive. But the public does have a qualified right of access to information that is filed with the court. Even if such information is covered by a protective order, that information should not be kept under seal unless a judge determines that a party or nonparty's need for confidentiality outweighs the public's right of access.

This rule is intended to reduce the amount of information that is sealed in civil cases and to ensure that no information is sealed without the permission of a judge.

Subdivision (a). LR 5.6(a) provides that a document may be filed under seal only as provided by statute or rule, or with leave of court. This rule does not require any party to file any information under seal. Rather, this rule simply provides the procedures that a party must follow when the party seeks to file information under seal to protect its own interests or to comply with a statutory, contractual, or other obligation to keep information confidential. The procedures set forth in this rule need not be followed by a party who is merely redacting personal identifiers in compliance with Fed. R. Civ. P. 5.2 or LR 5.5.

Subdivision (b). LR 5.6(b) provides that every document filed in a civil case—whether under seal or not—must be filed electronically and in compliance with the Civil ECF Procedures Guide. A document may not be filed in paper form unless such filing is authorized by the Guide.

Subdivision (c). LR 5.6(c)(1) provides that a party may not seek to file information under seal unless that information is "confidential." LR 5.6(c)(2) defines "confidential information.

Subdivision (d). LR 5.6(d) establishes a four-step procedure to determine whether information filed in connection with a motion under LR 7.1 will be sealed.

Step One (LR 5.6(d)(1)). A party who seeks to file a document under seal must first file the document under temporary seal. The document must be filed separately, so that parties, nonparties, and the court can refer to the document by its own docket number.

When a party files a document under temporary seal, the party must at the same time publicly file either (1) a version of that document with the confidential information redacted or (2) a statement that the entire document is confidential or that redaction is impracticable.

The redaction requirement should not pose an onerous burden in connection with most discovery disputes. LR 5.6(d)(1)(A) does not require redaction when "the entire document is confidential." LR 5.6(c)(2) defines "confidential information" to include information that "has been designated as confidential or proprietary . . . under a . . . protective order." Thus, if an entire document has been designated as confidential under a protective order (as is often the case), that document need not be redacted. A large share of discovery disputes involve such documents.

Outside of the context of discovery disputes, parties should only rarely file a statement that a document cannot be redacted. If a document reasonably can be redacted, the document must be redacted.

After a document is filed under temporary seal, LR 5.6(d)(1)(B) ensures that the document will remain under temporary seal until the court makes a final decision about whether the document should remain sealed.

Step Two (LR 5.6(d)(2)). After all memoranda and other documents pertaining to the underlying motion have been filed, all parties must together file a single Joint Motion Regarding Continued Sealing. The joint motion must be filed within 21 days after the filing of the final memorandum authorized by LR 7.1. The joint motion must be filed using the Joint Motion Regarding Continued Sealing Form, which is available on the court's website. That form is the only document that may be filed; no other filings, including the filings contemplated by LR 7.1, are required or permitted in connection with the joint motion. The party who first filed a document under temporary seal in connection with the LR 7.1 motion bears the responsibility for filing the joint motion.

The joint motion must address every document that has been filed under temporary seal, even if all parties agree that a document may be unsealed. The parties must do three things with respect to each temporarily sealed document: First, the parties must briefly describe the document (e.g., "09/23/2016 email from A. Jones to B. Smith"). Second, the parties must briefly explain why they agree that the document should remain sealed or be unsealed—or, if the parties disagree, the parties should briefly explain each party's position. (The parties should bear in mind that, before a final decision is made to seal or unseal a document, every party and affected nonparty will have an opportunity to fully brief the issue.) Third, the parties must identify any nonparty who has designated the document or information in the document as confidential or proprietary.

The magistrate judge will rule on the joint motion in an order that will specify whether and to what extent each document will remain sealed. The magistrate judge will almost always rule without oral argument, so the parties need not contact the magistrate judge to schedule a hearing. If the magistrate judge orders the unsealing of information that a nonparty has designated as confidential or proprietary, the party who filed that information under temporary seal must, within seven days after entry of the order, serve on the nonparty a copy of the document containing that information and the order. This will give the nonparty a chance to challenge the decision to unseal its information.

No party or nonparty may ask the district judge to review the magistrate judge's order. Instead, a party or nonparty who objects to the order must first file a motion for further consideration under LR 5.6(d)(3). An order disposing of a motion for further consideration is reviewable by the district judge.

Step Three (LR 5.6(d)(3)). After the magistrate judge rules on the joint motion, any party or any nonparty whose information has been ordered unsealed or who otherwise objects to the magistrate judge's ruling may file a motion for further consideration by the magistrate judge. The nonparty may file such a motion without intervening in the case under Fed. R. Civ. P. 24. If the motion for further consideration relates to information that a nonparty has designated as confidential or proprietary, the movant must serve on that nonparty a copy of the motion and all documents filed in support of the motion (unless, of course, the movant is the nonparty that designated the information as confidential or proprietary).

A motion for further consideration by the magistrate judge is a nondispositive motion governed by LR 7.1(b); it is not a motion for reconsideration under LR 7.1(j). At this point, any party or nonparty who objects to the unsealing (or sealing) of information will have a full opportunity to brief the issue.

Step Four (LR 5.6(d)(4)). After the magistrate judge disposes of the motion for further consideration, any party or nonparty who filed or opposed that motion may file an objection to the magistrate judge's order. Such an objection is governed by LR 72.2(a).

Subdivision (e). The procedure provided by LR 5.6(d) applies only when a party seeks leave to file under seal a document in connection with a motion under LR 7.1. That procedure does not apply when a party seeks leave to file a document under seal in another context, such as when a party seeks leave to file a trial exhibit under seal. In such circumstances, the party should seek direction from the judge about how the party should request the judge's permission to file the document under seal.