Local Rule LCrR 49: Filing of Documents under Seal

LCrR 49 Filing of Documents under Seal.

(a) Authorization required. Unless otherwise prescribed by federal statutes, the Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure or other provisions of these Rules, including LR 5.2(e), no document shall be filed under seal unless authorized by an order of court.

(b) Definitions.

(1) Document "filed under seal". A document filed under seal is a document that is filed and docketed in the case but held by the Clerk separate from other documents and not made available for inspection by any person except as permitted by order of the court.

(2) Document "pending sealing decision". A document pending sealing decision is a document that has been submitted to the Clerk with a motion to file the document under seal. Pending an order of the court deciding the motion to seal the document, the document is kept separate from other documents and is not made available for inspection by any person except as permitted by order of the court.

(c) Procedure.

(1) Motion to file a document under seal. A motion to file a document under seal shall be filed on paper. The motion to file a document under seal shall contain no description or identification of the document for which the sealing order is sought or statement of reasons why the filing of the document under seal should be authorized.

(2) The presentation to the Clerk of the document(s) pending sealing decision. When the motion is filed, the party filing the motion shall present to the Clerk's Office, on paper: a. the document(s) for which the sealing order is sought, b. a statement of the legal and factual justification for the sealing order that is being sought, and c. a proposed form of order. The document(s), statement and proposed order shall be presented to the Clerk in a sealed envelope marked with the case number, case caption and the descriptive label of "Documents pending sealing decision."

(3) Document authorized to be filed under seal by an existing court order. A document authorized to be filed under seal by an existing court order shall be filed on paper accompanied by the court order authorizing it to be filed under seal and submitted in a sealed envelope marked with the case number, case caption, and the words "sealed document."

(d) Exempt documents. The Clerk shall in all cases, without motion, seal the following documents:

(1) A defendant's ex parte request for a subpoena, a writ of habeas corpus ad testificandum, or authorization to obtain investigative, expert or other services in accordance with subsection (e) of the Criminal Justice Act, 18 U.S.C. § 3006A(e).

(2) An ex parte request by the government for issuance of a writ of habeas corpus ad testificandum.

(3) Any writ issued in response to a request under subparagraph (1) and (2).

(4) A request in a criminal case by the defendant for substitution of appointed counsel.

(e) Motion to unseal. It shall be the duty of the party who obtained an order to file under seal to move to unseal the document as soon as the basis for the sealing order has ended.