Local Rule Rule 116C: Confidential Materials; Impounding

RULE 116C CONFIDENTIAL MATERIALS; IMPOUNDING

(a) In General.

The general aim of the Jencks Act is to restrict the use of statements to the impeachment of a government witness by bringing to the attention of the jury during cross-examination of the witness any variance between his testimony and his pretrial statements. Palermo v. United States, 360 U.S. 343, 352 (1959). The court is specifically concerned with grand jury material which, if disclosed, may cause serious prejudice to parties unrelated to criminal prosecutions or ongoing criminal investigations in the District of Puerto Rico. Because the useful purpose of the statements does not surpass the limits of cross-examination, its availability and use may, at the parties' request, be limited. The parties may achieve that purpose by filing a motion for impoundment.

(b) Impounded and Confidential Materials.

(1) Motions for impoundment must be filed and ruled upon prior to submission of the actual material sought to be impounded, unless the court orders otherwise.

(2) The court will not enter blanket orders that counsel for a party may at any time file material marked confidential with the clerk with instructions that the material be withheld from public inspection. A motion for impoundment must be presented each time a document or group of documents is to be filed.

(3) Whenever a party files a motion to impound, the motion shall contain a statement of the earliest date on which the impounding order may be lifted, or a statement, supported by good cause, that the material should be impounded until further order of the court. The motion shall contain suggested custody arrangements for the post-impoundment period.

(4) The clerk shall attach a copy of the order to the envelope or other container holding the impounded material.

(5) Any material impounded will not be made public without a court order.