Local Rule 5.03: Filing Documents Under Seal

5.03: Filing Documents Under Seal. Absent a requirement to seal in the governing rule, statute, or order, any party seeking to file documents under seal shall follow the mandatory procedure described below. Failure to obtain prior approval as required by this rule shall result in summary denial of any request or attempt to seal filed documents. Nothing in this rule limits the ability of the parties, by agreement, to restrict access to documents that are not filed with the court. See Local Civ. Rule 26.08 (D.S.C.).

(A) A party seeking to file documents under seal shall file and serve a "Motion to Seal" accompanied by a memorandum, see Local Civ. Rule 7.04 (D.S.C.), and the attachments set forth below in (B) and (C). The memorandum shall (1) identify, with specificity, the documents or portions thereof for which sealing is requested; (2) state the reasons why sealing is necessary; (3) explain (for each document or group of documents) why less drastic alternatives to sealing will not afford adequate protection; and (4) address the factors governing sealing of documents reflected in controlling case law. E.g., Ashcroft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000); In re Knight Publ'g Co., 743 F.2d 231, 235 (4th Cir. 1984).

(B) The motion shall be accompanied by (1) a non-confidential, descriptive index of the documents at issue and (2) counsel's certification of compliance with this rule.

(C) A separately sealed attachment labeled "Confidential Information to be Submitted to Court in Connection with Motion to Seal" shall be submitted with the motion. The sealed attachment shall contain the documents at issue for the court's in camera review and shall not be filed. The court's docket shall reflect that the motion and memorandum were filed and were supported by a sealed attachment submitted for in camera review.

(D) The clerk of court shall provide public notice of the motion to seal in the manner directed by the court. Absent direction to the contrary, this may be accomplished by docketing the motion in a manner that discloses its nature as a motion to seal.

(E) No settlement agreement filed with the court shall be sealed pursuant to the terms of this rule.