Local Rule 26.4: Protective Orders
D. Mont. — Civil rule
26.4 Protective Orders
(a) Motion for Order or Review. When a person or party seeks a protective order under Fed. R. Civ. P. 26(c) and submits documents or items for in camera review:
(1) the documents or items sought to be protected may be filed under seal, without prior leave of court pursuant to LR 5.2(b)(1);
(2) the motion for protective order or in camera review and brief in support must be filed in the public record and must describe the nature of the documents or items in a manner that, without revealing information sought to be protected, enables an assessment of the propriety of a protective order; and
(3) the party may also file under seal a more detailed supplemental brief in support of the motion for protective order.
(b) Filing Documents Subject to a Protective Order.
(1) Sealing Not Available. Documents constituting or containing information subject to a protective order may, if filed in the court's record, be redacted but may not be filed under seal.
(2) Motion for Leave to Redact. Prior to filing a redacted version of a document constituting or containing information subject to a protective order, the filing party must:
(A) show that the public interest in open judicial records is outweighed by a compelling reason based on specified facts; or
(B) if the document is filed in connection with a motion concerning case management or trial management, make a particularized showing under Fed. R. Civ. P. 26(c)(1) that good cause supports redaction.