Local Rule CR 6.2: Secrecy

CR 6.2 Secrecy

(a) Grand Jury Matters. Matters associated with a grand jury are sealed with access provided only to designated court staff.

(b) Service of Indictments. When the United States serves a summons, lodges a detainer, or executes an arrest warrant (whichever comes first), it shall provide the defendant with the indictment and contact information for the Federal Defenders of Montana.

(c) Sealing and Unsealing of Indictments.

(1) Indictments generally will not be sealed. On motion by the United States based on the circumstances of the case, an indictment may be filed under seal.

(2) While an indictment is sealed, the Federal Defenders or designated counsel may discuss the indictment with a defendant, provided:

(A) the defendant so requests, and

(B) either:

(i) the United States requested a summons for the defendant; or

(ii) the defendant is in custody in any jurisdiction.

(3) The United States may move to unseal an indictment at any time.

(4) A sealed indictment will be unsealed when the clerk receives notice that any named defendant has appeared on the indictment in a federal court.

(d) Redaction of Indictments. All indictments available to the public must redact the name and signature of the grand jury foreperson. The original indictment will be maintained under seal.

(e) Proceedings Conducted Under Seal. This Rule does not affect cases required or authorized to be conducted entirely under seal, such as juvenile cases or cases in which the presiding judge orders all proceedings sealed to protect national security or an ongoing investigation.