Local Rule CR 49.3: Filing under Seal
D. Mont. — Criminal rule
CR 49.3 Filing under Seal
(a) When Motion to Seal Required.
(1) Regardless of subsection (2), a motion for leave to file under seal is always required if a party wants to seal a plea agreement.
(2) A motion for leave to seal is not required if the case is sealed or if the item to be sealed:
(A) is submitted for in camera inspection;
(B) contains sensitive material as defined by L.R. CR 16.4(a);
(C) is or contains material from a psychiatric or psychological report or contains confidential medical information and redaction is not practical;
(D) contains minutes or transcribed material from sealed proceedings and redaction is not practical;
(E) is a motion under USSG § 5K1.1 or Fed. R. Crim. P. 35(b) or otherwise contains details of or seeks a reduced sentence for a defendant's assistance to authorities;
(F) is or contains material from a pretrial services report, a presentence report, or a statement of reasons for the sentence and redaction is not practical; or
(G) is otherwise preauthorized to be filed under seal by federal or state law or an order previously entered in the case.
(b) Caption. Any document preauthorized to be filed under seal or ex parte must include the phrase "FILED UNDER SEAL" or "EX PARTE" in the case caption, followed by citation to the authority for sealing, e.g., "Fed. R. Crim. P. 17(b)" or "D. Mont. L.R. CR 49.3(a)(2)(E)."
(c) Contents of Motion for Leave. A motion for leave to file under seal must:
(1) be filed in the public record of the case;
(2) without disclosing confidential information, describe the document or item to be sealed and explain why inclusion in the public record is not appropriate; and
(3) either:
(A) state why it is not feasible to file a redacted version of the document or item in the public record, or
(B) be accompanied by a redacted version of the document or item filed in the public record.
(d) Electronic Filing. Following the directions of the clerk's office, attorneys filing electronically must lodge under seal the document or item for which leave to seal is sought. Unless ex parte filing is authorized, the filing party must serve the sealed documents on all other parties.
(e) Nonelectronic Filing. Persons not filing electronically must submit to the clerk:
(1) the document or item to be sealed, placed in an envelope with the case number, date, and "Filing Under Seal Requested" clearly printed on the envelope; and,
(2) if required, the motion for leave to seal and brief in support.
(f) Response and Order.
(1) The court may rule on a motion for leave to seal without awaiting a response.
(2) If leave to file under seal is granted, the document or item will be deemed filed under seal, and the party need not refile the document.
(3) The court may order that a document be redacted for the public record. Until the filing party complies, the unredacted document will not be deemed filed.
(4) If leave to file under seal is denied, the document or item will remain in the record under seal but will be deemed not filed.