Local Rule DUCivR 5-2: FILING CASES UNDER COURT SEAL

DUCivR 5-2 FILING CASES UNDER COURT SEAL

(a) General Rule.

Court records are presumptively open to the public. Unless restricted by statute or court order, the sealing of civil cases is highly discouraged. In extraordinary circumstances, a judge may sua sponte order a case to be sealed or may order a case to be sealed by granting a party's motion.

(b) Civil Actions for False Claims.

The clerk will seal actions filed under 31 U.S.C. § 3729 for a minimum of 60 days, as required by 31 U.S.C. § 3730(b)(2). The government may seek an extension of the seal by filing an ex parte motion.

(c) Procedures.

(1) Sealing a New Case. To seal a new case, a party must file in the Salt Lake City Clerk's Office:

(A) A paper copy of the complaint or initiating document;

(B) A paper copy of a motion identifying the statute, rule, case law, or other basis permitting the court to seal the case; and

(C) Electronic PDF copies of each document on a clearly labeled digital storage medium, consistent with those approved in the court's ECF Procedures Manual.

(2) Sealing an Existing Case. A party must file a motion to seal the case. The motion must identify the statute, rule, case law, or other basis permitting the court to seal the case.

(3) Filing Documents After a Case Has Been Sealed. A party must file, in the Salt Lake City Clerk's Office, an electronic PDF copy of the document on a clearly labeled digital storage medium, consistent with those approved in the court's ECF Procedures Manual. Parties are not required to file paper copies of the documents.

(d) Access to Sealed Cases.

The Clerk's Office will not provide access to or information contained in a sealed case, unless the court directs otherwise.