Local Rule 83.12: Sealed Documents

83.12 Sealed Documents

(a) Filings, Orders, and Docket Text Entries. All filings, orders, and docket text entries shall be public unless:

(1) sealed by order of this court, another court or agency;

(2) sealed pursuant to state law, federal law, the Federal Rules of Criminal or Civil Procedure, or these rules; or

(3) related to a departure or sentence reduction motion based solely on substantial assistance, which will be sealed at Level I until further order of the court.

The caption for filings sealed pursuant to subsections (2)-(3) shall (i) clearly indicate that the document is filed under seal, and (ii) include a citation to the applicable statute or rule authorizing the seal.

(b) Levels of Sealed Filings, Orders, and Docket Text Entries.

(1) Level I. Filings, orders, and docket text entries sealed at Level I may be reviewed by any attorney or pro se party appearing in the action without prior leave of court.

(2) Level II. Filings, orders, and docket text entries sealed at Level II may be reviewed only by the filer or, in the case of an order, the person to whom the order is directed without prior leave of court.

(c) Motions to Seal. Except for matters automatically sealed pursuant to subsection (a)(2)-(3), all requests to seal must be made by motion. A motion to seal must address the following:

(1) identify the filing(s), or portions thereof, to be sealed;

(2) provide the factual and legal basis to justify sealing the filing(s);

(3) propose a duration of seal;

(4) indicate whether the movant also seeks to seal the motion to seal and/or all related docket text entries; and

(5) indicate whether the filing(s) should be sealed at Level I or Level II.

(d) Filing Procedures. A motion to seal, and the related document(s) to be sealed, must be filed conventionally and submitted in compliance with Administrative Procedure for Electronic Case Filing 3.3. The motion to seal, related document(s), and data storage device shall be submitted in an envelope with a notation on the outside of the envelope such as "DOCUMENTS SUBMITTED UNDER SEAL."

If a party is requesting to seal only a portion of a document, the party must provide both (1) a redacted copy, and (2) an unredacted copy of the document highlighting in a translucent color the portion(s) of the document sought to be sealed.

The filings will be accepted provisionally under seal, subject to the court's subsequent ruling on the motion. If the court denies the motion to seal, any materials submitted under provisional seal will be stricken from the court's docket and returned to the movant.

(Prior rule stricken and replaced with §§ (a)-(d) 1/1/01; § (d) amended 1/1/08; § (c) amended 12/1/09; formerly LR 83.11 renumbered to 83.12, and § (c) amended 12/1/13; §§ (b)(1), (c), and (d) amended 12/1/15; §§ (a) through (d) amended 12/1/19)